logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.24 2017가단104665
건물명도(인도)
Text

1. The part of the lawsuit in this case seeking the payment of unpaid usage fees, etc. shall be dismissed.

2. The defendant shall submit attached Form 1 to the plaintiff.

Reasons

1. Basic facts

A. On March 12, 2009, the building listed in the attached Table 1 is a state property that has been registered as a preservation of ownership in the Plaintiff’s future, and is used as the Ministry of National Defense, which is the Ministry of National Defense and subordinate units of the Ministry of National Defense.

B. On September 11, 2014, the Plaintiff prepared an agreement with the Defendant awarded a successful bid through competitive bidding on the use of part 744m2 in a ship connected each of the points of Annex A, B, C, D, E, F, and A (hereinafter “instant real estate”), among the buildings listed in Annex A, with regard to the use of the part 74m2 in a ship connected each of the points of Annex B (hereinafter “instant real estate”).

From September 11, 2014 to September 10, 2017, the Plaintiff determined annual usage fees of KRW 167,400,00 (excluding value-added tax: Provided, That the user fee for the following year is determined each year pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act) to grant permission for the use of state property for consideration to the Defendant, and the terms and conditions of permission that the permission for use may be revoked if the Defendant fails to pay usage fees by the due date (Article 10 subparag. 5).

다. 피고는 원고로부터 이 사건 부동산을 인도받아 'D'라는 상호로 스낵바를 운영하였다. 라.

The Plaintiff paid annual usage fees to the Defendant in four installments, and the Defendant unpaid the annual usage fees of KRW 95,692,980 (i.e., the value of KRW 81,953,130 of value-added tax amount of KRW 81,953,130 of value-added tax amount of KRW 8,195,310 of value-added tax amount of KRW 5,544,540).

E. On January 1, 2017, the Plaintiff notified the Defendant that the permission for use was revoked pursuant to Article 36(1)4 of the State Property Act on the grounds of the Defendant’s delinquency in payment of usage fees, and the said notification was delivered to the Defendant around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 7, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s determination as to the legitimacy of the part seeking the payment of unpaid usage fees, etc. among the instant lawsuit, shall pay the Defendant unpaid usage fees, additional charges, and delay damages to the Plaintiff.

arrow