logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.01.31 2017나2071735
토지인도
Text

1. Of the part concerning the counterclaim by the Defendant (Counterclaim Plaintiff) in the judgment of the court of first instance, the amount ordered to be paid below.

Reasons

1. As to the judgment of the court of first instance which accepted the plaintiff's claim against the defendant and dismissed the defendant's claim against the counterclaim, the judgment of this court is limited to the part of the defendant's claim against the counterclaim since only the defendant appealed to the part of the lost claim against the defendant.

2. Basic facts

A. On January 2005, the Plaintiff, a local government, and the Defendant, a corporation established for the purpose of the parking lot management business, etc., established various facilities for the operation of the parking lot (hereinafter “instant parking lot”) on the parking lot in Ansan-si, AE, AF, and AG, a road owned by the Plaintiff or the State, where the Plaintiff is responsible for the management of the parking lot (hereinafter “instant parking lot”), and entered into an entrusted management contract with the Plaintiff, under which the Defendant installed various facilities for the operation of the parking lot (hereinafter “instant parking lot”), using the parking lot, and collects parking fees from the parking lot users. In this regard, the Defendant entered into an entrusted management contract with the Plaintiff, which pays the money in the name

The entrusted management period shall be ten years from the commencement date of operation after the completion inspection.

(4) The ownership of parking machinery and ancillary facilities in a business facility shall be donated to the Plaintiff upon completion of construction, and shall be donated to the Plaintiff after being entrusted for the period specified in Article 4 and shall be returned to the Plaintiff.

(5) This Convention shall not be terminated, unless it is terminated in advance pursuant to the provisions of this Convention, together with the expiration of the period for the management and operation of the parking lots provided for in Article IV of this Convention.

(Article 29(2). When this Convention terminates upon the expiration of the period of management and operation of the parking lot, Defendant B shall transfer to the Plaintiff the right to manage and operate the business facilities on the expiration of the period of entrusted management of the parking lot.

(Article 29(3)(1). Entrustment fees paid shall not be refunded, regardless of any reason, except in cases where business is suspended or recovered under Article 29 (excluding cases of waiver of business).

arrow