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(영문) 서울중앙지방법원 2016.04.15 2015가합576639

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff's lot number C lot number address in Changwon-si, Changwon-si is Changwon-si B.

On December 29, 2006, the logistics center site development work was implemented in the D's rear port site, and completed on December 29, 2006, and the ownership of the harbor facilities created by the said construction work (hereinafter "harbor facilities of this case") belongs to the State pursuant to Article 15 (4) and the main sentence of Article 15 (1) of the Harbor Act, and acquired the right to free use of the instant harbor facilities within the scope of the total project cost on February 28, 2007.

On March 11, 2011, the Plaintiff terminated the free use period of the instant harbor facilities on May 3, 201, and obtained a permit for exclusive use of the instant harbor facilities from the chief of Msan Regional Maritime Affairs and Fisheries Office (the former name: the chief of Msan Regional Maritime Maritime Affairs and Fisheries Office before and after the change (hereinafter referred to as “Masan Maritime Maritime Affairs and Fisheries Office”), and finally obtained a permit for exclusive use for the renewal of the permission period several times thereafter from the chief of Msan Maritime Affairs and Fisheries Office on December 1, 2014, and finally obtained a permit for exclusive use for the period from January 1, 2015 to December 31, 2015.

On the other hand, on December 13, 2007, the Defendant concluded a contract for the operation of the steel storage with the Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”) and the instant harbor facilities with the content that the Samsung Heavy Industries requests the Defendant to perform the work of loading, unloading, storage, sorting, and loading of cargo.

Article 1 [Purpose of Contract] The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the Defendant in relation to the custody of steel materials requested by the Defendant from Samsung Heavy Industries in the site of the instant harbor facilities (the total area of 30,273 square meters and the site designated as the bonded area by the Korea Customs Service and the site that the Plaintiff has exclusive right to use; hereinafter referred to as the “logistics center”).

Article 2 【Contract Term】

1. The contract term is from January 1, 2008 to December 31, 2022.