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(영문) 대구지방법원 2018.08.23 2017가합200638
토지인도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a local government that owns the existing school buildings of the C Elementary School located in Busan Metropolitan City B (hereinafter “instant building”) and the land D and E (hereinafter “instant school building sites”) which are the school sites. The Defendant is a company established for the purpose of operating lifelong educational facilities and fish driving schools.

B. Pursuant to Articles 3 and 4 of the Ordinance on the Management of Public Property under the jurisdiction of the special accounts for educational expenses of Gyeongbuk-do, the Plaintiff delegated the management of the instant real estate to the head of the Office of Education Office of Gyeongbuk-do (hereinafter “head of education office”).

C. On September 6, 2016, the head of the Gyeongsan District Education Office entered into a loan agreement (hereinafter “instant contract”) with the Defendant, which seeks to operate the F Camp (hereinafter “instant F Camp”) with respect to the instant real estate, and received KRW 2,510,000 as the contract deposit from the Defendant on the same day.

The head of the Simsan District Education Office, a borrower of the above property, shall be referred to as "A", and the defendant shall enter into a loan agreement with "B" as follows:

Article 1 (Purpose of Loan) The purpose of use of loaned property shall be G Experience and Education Projects.

Article 2 (Period of Loan) The loan period shall be from September 26, 2016 to September 25, 2019 (three years), and the loan amount shall be three years from the following day after the date when the contract is concluded is completely paid.

Article 3 (Loan Charges) The annual loan shall be e.g. 25,100,000 won ( e.g. 25,100,000).

Provided, That the annual rent during the loan period shall be determined pursuant to Article 31 of the Enforcement Decree of the Public Property and Commodity Management Act.

Value-added tax equivalent to 10% of the loan amount calculated under the above provision shall be paid.

For the performance guarantee for the payment of rent after the second year, cash equivalent to two times (two years) of 120% of the successful tender price at the time of concluding a contract shall be paid to the extra account of the Busan District Office of Education.

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