국유재산 무상 사용ㆍ수익권 확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On the premise of fact, the Defendant’s 17th U.S. Air Force under the Defendant’s control (hereinafter “Defendant”) decided to carry out the project in such a way as to allow a private enterprise to use and benefit from the electronic guidance car system free of charge for a certain period after receiving the donation in order to establish an electronic guidance car system in the physical training center in the military unit.
Around October 2005, the Plaintiff (a company engaged in the business of installing and constructing golf course equipment) completed the construction of facilities, such as a cart road and car string, etc., for the electronic leading car system, on the Defendant’s physical training center (in a location of 5,990 square meters in land, 132, etc., the nuclear power plant located within the Haak-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Metropolitan Government).
Article 4 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:
1. Site: The site is 5,90 square meters in land inside a physical fitness center of Party A (hereinafter referred to as “Defendant”; hereinafter the same shall apply) with an electronic leading car system;
2. Facilities: One electronic leading car office and one electronic leading car office equipment (attached Table).
Article 5 (Permission for Use and Profit-making) (1) B (the term "Plaintiff"; hereinafter the same shall apply) may use the site and facilities for the period after obtaining permission for use and profit-making from A.
However, if it is not attained the value of the property donated with the use of the facilities of Eul by the end of the first permission for use and profit-making, the period of permission for use and profit-making of the land and facilities shall be extended until it reaches such amount.
(2) Rental fees for the sites and facilities during the period of permission for use and profit shall be exempted.
Article 9 (Management and Operation Expenses) ① A shall pay 600,000 won per month for the first year from the date of permission for use and profit-making, including personnel expenses, public charges, insurance premiums, expendable goods, and other expenses during the period of permission for use and profit-making, and 7.2 million won per month from the following day until the date of permission for use and profit-making.
(2) B shall be the period of permission for use and profit-making as above.