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(영문) 춘천지방법원 속초지원 2017.02.09 2016가합300321
(시설물 등 인도)
Text

1. The Defendant shall deliver to the Plaintiff large outdoor LED electronic display facilities installed on the ground of the land B at the early stage of the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. On December 27, 1997, C Co., Ltd. (hereinafter “C”) put up KRW 1.89 billion on the ground of B’s land at the early stage owned by the Plaintiff, and installed one outdoor LED electronic display equipment (a. 1.2m, vertical length 6.6m, total height 18m, hereinafter “instant electronic display equipment”) and two indoor LED electronic display equipment at E, E, and F’s office (a. 0.6m, vertical length 3m) and donated it to the Plaintiff.

B. On May 6, 1998, the Plaintiff entered into an electronic sign board operation agreement with C for corrective publicity purposes (hereinafter “instant agreement”) with the following contents, using each of the above electronic sign boards free of charge:

Article 1 (Definition of Facilities) Electronic display boards for the purpose of corrective publicity means PED electronic display boards established to enhance the understanding and participation of citizens for the promotion of corrective activities by transmitting matters on corrective publicity to citizens rapidly and accurately.

Article 3 (Contribution Acceptance) (2) The Plaintiff shall grant a right to use a facility without compensation to C on condition of the donation of the facility, and shall operate a corrective public relations and commercial advertisement concurrently.

Article 4 (Period of Use of Facilities and User Fees) (1) The period of use of facilities shall be prescribed by the relevant provisions of the Outdoor Advertisements, etc. Control Act (Article 8 (3) of the Enforcement Decree), and the period of operation may be extended again except in extenuating circumstances

(2) Notwithstanding Article 3 (2), when the period of use of an establishment expires after the expiration of the period of use of the establishment, matters concerning the payment of user fees (amount, method of payment, period of payment, etc.) shall be separately determined under mutual agreement with the Plaintiff and C, regardless of the provisions of Article 3 (2).

Article 6 (Matters concerning Electronic Display Display) (1) The display of electronic display boards shall be 40% of commercial advertisements, 60% of the corrective publicity, and the correction publicity and the advertisement presentation proposal shall be manufactured and displayed after prior deliberation by the plaintiff.

Article 7 (Matters concerning Contracts) (1) The representatives of both the plaintiff and C are legally replaced during the period of use.

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