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(영문) 부산지방법원 2019.10.30 2019가합428
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On September 2, 2010, the Defendant, a state-owned property managed by the Defendant, is the Plaintiff: (a) 1,206 square meters for D railway sites in Busan Geum-gu, Busan, which are the State-owned property; (b) 437 square meters for E railway sites in Yangsan-si; (c) 261 square meters for Yangsan-si; and (d) 2,108 square meters for G railway sites in Yangsan-si (hereinafter “instant site”).

A) A public notice of tender implementation to select a user of and benefit from the project was given, and a subsequent tender was held, and around October 1, 2010, H was selected as a successful bidder and around that time permitted H to use and benefit from the instant site for five years from November 1, 2010 to October 31, 2015 for the purpose of “water storage”. Article 1 (Purpose of Use) refers to the purpose of storage. The purpose of use is from November 1, 2010 to October 31, 2015. Article 2 (Period of Use) shall be from November 1, 2010 to October 31, 2015:

2. Change of the original state of the permitted property;

3. Where facilities in permitted property fall under any of the following cases, permission for use may be revoked for all or part of the permitted property:

6. Where the original state of the property for which permission for use has been granted without the approval of the headquarters has been changed, in violation of the terms and conditions of permission under Article 12 (Compensation at the time of Revocation of Permission for Use), resulting in damage to the employees upon the revocation of the permission, the headquarters shall not

Article 20 (Specific Conditions)

3. An employee shall not use the packaging, buildings, and other permanent facilities of this property in pure site, and if necessary for the use of this property, he may, with prior approval of the Corporation, install mobile container boxes, etc. which can be easily restored to the original state with a prior approval of the Corporation, but shall submit to the Headquarters a certificate of performance guarantee for original return (the expected cost of actual expenses due to original return) and a certificate of notarial deeds following the performance of original return, and report to the relevant administrative agencies, etc.

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