(영문) 인천지방법원 2018.05.04 2017가합55663

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(영문) 인천지방법원 2018.05.04 2017가합55663

공유재산 사용수익허가 명의변경청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of golf practice range construction business and operation business, etc., and the Defendant is a person who has obtained permission from the Mayor of Incheon Metropolitan City for the use and profit-making (hereinafter “instant permission”) of the public property (hereinafter “instant public property”), located in Gyeyang-gu Incheon Metropolitan City.

B. On November 10, 2015, the Plaintiff entered into a contract with the Defendant to provide the Defendant with consulting services for designing and constructing a golf range in the instant public property and to pay the Plaintiff the price (hereinafter “instant consulting contract”).

The main contents of the above contract are as follows. The scope and contents of the consulting to be provided to the Defendant by the Plaintiff under Article 2 (Scope of Consultation) are as follows:

2. Article 3 (Payment of Costs) (1) of the Construction Works of a golf driving range within a zone of Dgymnas co-owned property (district 1) shall substitute for the payment of costs for the construction of a new golf driving range to the Defendant.

Article 4 (Completion of Construction Works) (1) The plaintiff shall complete the construction of a golf practice range within the contract period.

Article 5 (Ownership of Services Results) The ownership of the result of consulting services and all related documents prepared and provided by the plaintiff under this Agreement shall be transferred from the plaintiff to the defendant at the same time as the defendant completes the payment of the price for consulting services under this Agreement.

Article 11 (Term of Contract) The term of validity of this Agreement shall be from the date of conclusion to the date of completion of the golf range.

[Matters] Where consulting objects under this contract are completed, the defendant shall delegate all the operation and management rights concerning the subject matter to the plaintiff.

2 The defendant on January 2, 2015

유사 판례

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