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(영문) 대전지방법원 2017.12.21 2017가단213347
건물명도(인도)
Text

1. The part concerning the claim for indemnity in the instant lawsuit shall be dismissed.

2. The defendant shall be the plaintiff.

(a) buildings listed in the separate sheet;

Reasons

Facts of recognition

A. The Plaintiff is a corporation established to efficiently manage and operate public facilities designated or entrusted by the Daejeon Metropolitan City Mayor, etc.

B. On January 1, 2010, Daejeon Metropolitan City entrusted the Plaintiff with the management and operation of the instant building (B) that is the public property under the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

C. On December 18, 2014, the Plaintiff permitted the Defendant to use and benefit from the instant third floor of the instant building as a combined design (hereinafter “instant permission for use and benefit”). The key contents are as follows.

Article 2 (User Fee) (1) The user fee for the operation of a joint flag hall shall be 12,791,130 won.

User fees for the first year: 11,579,000 won; Additional taxes: 1,157,900 won; 54,230 won; 2. The user fees for the second year shall be paid 30 days prior to the date of commencement of use in accordance with the calculation method under Article 31 (3) of the Enforcement Decree of the Public Property and Commodity Management Act.

Article 3 (Period of Use) (1) The period of use of the combined design shall be from January 1, 2015 to December 31, 2019.

Article 9 (Revocation of Permission for Use) (1) In any of the following cases, "A" (referring to "A"; hereinafter the same shall apply) may revoke permission for use of all or part of the property for use at any time:

4. Where he/she fails to pay the user fee under Article 2 for not less than two months;

D. The Defendant failed to pay the Plaintiff rent for the second year in accordance with the instant permission of use and benefit, and the Plaintiff notified the Defendant on December 22, 2016 that the instant permission of use and benefit was terminated as of December 23, 2016.

As of the date of closing argument in the instant case, the unpaid user fee for the second year under the permission of use and benefit in the instant case is KRW 5,805,420 in total.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 8, 10, plaintiff's assertion of the purport of whole pleading

A. Since the permission of use and benefit of this case was terminated, the defendant of this case is the plaintiff.

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