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(영문) 서울서부지방법원 2016.03.25 2015나33568

건물명도

Text

1. Of the judgment of the court of first instance, the following amount of money to be paid exceeds that of the claim for damages.

Reasons

1. Basic facts

A. The Plaintiff was a juristic person established under the Organization A Act, and was entrusted by the Ministry of National Defense with the management of the building No. 1 and No. 2 in the attached list No. 1 and No. 2 (hereinafter “instant building”) as state property by the Ministry of National Defense.

B. From around 2004 to 2013, the Defendant received permission from the Plaintiff to operate the traditional wedding hall with the permission to use and benefit from the instant building No. 2, and from around 2011, the instant building was operated together with the permission to use and benefit from the said building.

C. On January 12, 2013, the Defendant concluded a contract with the Plaintiff and the instant building for the use period of one year from January 1, 2013 (including value-added tax), usage fees of KRW 182,00,00 (including value-added tax), and installment interest of KRW 6,323,540 (hereinafter “instant use and benefit contract”) with respect to the use and benefit of State property (hereinafter “instant use and benefit contract”). Of the terms and conditions attached to the said contract, the key contents pertaining to the surrender and restoration are as follows.

Article 20 (Lighting and Restoration to Original State) (1) When the contract for permission of use and benefit expires, the defendant shall remove his own property and property before the expiration of the contract, and return the keys and the plaintiff's property to

(2) A defendant shall restore the leased object to its original state as at the time the lease contract is concluded by the last day.

In such cases, the plaintiff may act on behalf of the defendant at the request of the defendant.

③ If the Defendant fails to perform the obligation of surrendering and restoring to the original state under the above 1 and 2, two times the ordinary rent corresponding to the overdue period shall be paid to the Plaintiff as damages under an agreement.

On October 17, 2013 and October 23, 2013 of the same year, the Plaintiff notified the Defendant that the permission to use and benefit from state property for each of the instant buildings was terminated on December 31, 2013.

On November 1, 2013, each of the instant cases by the end date of the permission to use and benefit again.