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(영문) 대구지방법원경주지원 2019.06.11 2018가단11810
건물명도(인도)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) indicated in the attached Form No. 19, 20, 21, 22, 23, 24, among the area of 1160 square meters in D large scale 1160 square meters.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

On November 4, 1997, the Plaintiff completed the registration of ownership transfer with respect to D large scale 1160 square meters (hereinafter “instant land”).

On February 2, 200, the Plaintiff entered into an agreement with E Co., Ltd. (hereinafter “E”) with the following terms and conditions (hereinafter “instant agreement”):

A. Article 1 (Purpose) of the concession agreement for the second public parking lot and private parking lot and the second public parking lot and the construction and maintenance of the public parking lot and the management and operation rights of the public parking lot owned by the plaintiff shall be gratuitously entrusted to E for a certain period of time, and E shall be entrusted in good faith.

Article 2 (Subject Matter and Ownership) (1) A parking lot subject to an agreement shall be the public off-road parking lot (A Si 2 public parking lot).

(2) The public off-road parking lot shall be constructed in the capital of E, and its ownership shall belong to the plaintiff upon completion.

Article 3 (Reversion of Management and Operation Right) ① 50% of the parking area of the above public off-road parking lot (excluding a small store, a disabled person-only parking area) shall be reverted to the Plaintiff, and the right to manage and operate the parking lot shall be granted to the Plaintiff, and the right to manage and operate the remaining parking area shall be granted to E during the period of free use pursuant to Article 26 of the Public-Private Partnerships Act.

Article 4 (Period of Free Use) (1) The period of free use shall be 14 years from the starting date of free use.

(2) The commencement date of free use shall be the first day of the month following the month in which the commencement date of parking lot business belongs after completion inspection.

E In accordance with the instant agreement, E newly constructed a two-story parking lot and retail store building of the general steel structure reinforced concrete roof on the instant land (hereinafter “instant building”) and completed registration of ownership preservation on January 10, 202, and completed registration of ownership transfer on January 16, 2002 to the Plaintiff on January 16, 2002.

The Defendants leased part of each of the instant buildings from E and Defendant.

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