(영문) 대전지방법원 2016.03.11 2015나9705 | 리걸엔진

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(영문) 대전지방법원 2016.03.11 2015나9705

건물명도

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1.The judgment of the first instance shall be modified as follows:

The defendant is from February 7, 2016 to 30,000 won from the plaintiff.

Reasons

1. In full view of the purport of the entire arguments in the evidence No. 1-1 and evidence Nos. 2 through 4 of the judgment as to the cause of the Plaintiff’s claim, the Plaintiff entered into a lease agreement with the Defendant on January 7, 201, stipulating that the real estate listed in the separate sheet (hereinafter “instant store”) shall be leased to the Defendant by the end of January 6, 201, the lease deposit amount of KRW 30,000,000, monthly rent of KRW 250,000, and the lease term of KRW 2,70,000, and the lease term of KRW 2,700,000 shall be changed to the end of January 6, 2015. The Plaintiff agreed to provide the Plaintiff with the above lease deposit money of KRW 30,00,000,000 on October 16, 2014.

According to the above facts, the above lease contract was terminated on January 6, 2015, and thus, the defendant is obligated to deliver the instant store to the plaintiff, barring any special circumstance.

2. Judgment on the defendant's defense, etc.

A. As to the Plaintiff’s assertion of non-existence of the right to claim delivery, the store of this case in the gist of the Defendant’s assertion is administrative property of Daejeon Metropolitan City, and the Daejeon Metropolitan City Committee of the Incorporated Association (hereinafter “instant Committee”).

3) The Public Property and Commodity Management Act (hereinafter “Public Property Act”) stipulates that “The Public Property and Commodity Management Act”) shall use and benefit from underground shops, including the instant store.”

According to Article 20(3), a person who has obtained permission for use or profit-making of administrative property shall not allow any other person to use or benefit from the administrative property, and according to an agreement concluded between Daejeon Metropolitan City and the Committee, the Committee of this case shall manage the store of this case directly and shall not transfer the management or operation right to the store of this case to a third party without the approval of the Daejeon Metropolitan City Mayor. Thus, the Committee of this case is a mandatory provision

참조조문

-공유재산 및 물품 관리법

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