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(영문) 수원지방법원 2021.02.03 2020나52184
건물명도(인도)
Text

1. The judgment of the first instance, including the Plaintiff’s claim that was reduced and added by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated foundation of Gyeonggi-do established and operated pursuant to the Gyeonggi-do Ordinance on A Operation and Support.

B. The building indicated in the attached list (hereinafter “instant building”) is a public property owned by Gyeonggi-do, which was newly constructed by the Plaintiff and deposited in Gyeonggi-do after completing preservation registration on June 18, 2013, and the Plaintiff concluded a public property loan agreement with Gyeonggi-do and the loan period around December 1, 2013, and received and used the instant building without compensation from January 1, 2019 to December 31, 2018. As the loan property including the instant building is converted from general property to administrative property, it concluded an agreement on entrustment of administrative property management under Article 27 of the Public Property and Commodity Management Act with Gyeonggi-do and the Public Property and Commodity Management Act, and has been entrusted and managed the instant building until now.

(c)

On December 18, 2014, the Defendant concluded an entrustment contract with the Plaintiff on a food facility with the content of being entrusted with the business of food facilities in the instant building by the Plaintiff. The content of the instant contract pertaining to the instant case is as follows.

Article 4 (Period and Limitation of Rights)

1. The period of entrustment shall be between February 1, 2015 and January 31, 2018, and the agreement between “A (Plaintiff)” and “B (Defendant)” may be extended only once by one-year contract, and at the time of renewal of the contract, “A” reflects the basis for calculating the appraised value of “A” and the rate of increase in the outcome of its decision.

Article 5 (Payment of Fees)

1. “B” shall pay the daily fee for the use of a business facility in l,000,000,0000 won (including 27,472,000 won and value added tax) on the date of each contract each year, and the sales fee (including 10% of the total sales, and value added tax) shall be paid to an account designated by the Foundation within the 10th day of each quarter;

Article 6 (Payment of Public Charges, Water Supply and Waterworks, Gas Charges, etc.) “B” refers to the designated account of “A” for food facilities (such as electricity, water supply and sewerage, gas charges, etc.) at the request of “A”.

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