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(영문) 대구지방법원 2017.07.20 2017가단100861
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 114,547,960 won and as regards them;

Reasons

1. Facts of recognition;

A. Attached List 1 Real Estate is State property registered on May 11, 1999, and Attached List 2 Real Estate is State property registered on October 28, 2009.

Each real estate listed in the above attached list (hereinafter referred to as the "each real estate of this case") is used as welfare facilities of the 11th M&A, the Ministry of National Defense, which is a subordinate unit of the Ministry of National Defense.

B. On June 1, 2014, the Plaintiff conducted a competitive bid on the commercial use of each of the instant real estate, and concluded an agreement on the specific operation thereof with the Defendant awarded a successful bid, and subsequently, the Plaintiff determined the period of use from June 1, 2014 to May 31, 2017, as KRW 193,80,000 per annum of the fee (excluding value-added tax) and granted the Defendant permission for the commercial use of State property for consideration.

C. The Defendant received delivery of each of the instant real estate from the Plaintiff and operated the business under the trade name of the German Repair Center.

However, the Defendant failed to pay the usage fees of each of the instant real estate and continued to pay the Plaintiff several times of payment, and thus, the Defendant failed to pay the usage fees of KRW 111,595,290 up to October 2016.

Accordingly, on November 1, 2016, the Plaintiff revoked the permission to use each of the instant real estate on the ground that the Defendant’s continuous default of usage fees.

E. As of December 14, 2016, the Defendant’s use fees for each of the instant real property and the late payment fees therefor (including value-added tax) are delinquent.

[Ground] Facts without dispute, entry of Gap 1 through 8 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, since the permission for use of each of the instant real estate was revoked, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and accordingly, to pay damages for delay calculated by 15% per annum from January 17, 2017 to the day of complete payment, which is the day following the delivery of the complaint, to the day of complete payment.

B. The defendant's assertion

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