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1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The plaintiff's remaining claims are dismissed.
Reasons
1. Facts of recognition;
A. The Plaintiff is a local government that owns each real estate listed in the separate sheet (hereinafter “the closure school of this case”), and the Defendant is a company that manufactures and sells business.
B. On May 31, 2017, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) between June 12, 2017 and June 11, 2020 with respect to the instant closed school, and around that time, transferred the instant closed school to the Defendant.
The term "A" refers to the plaintiff, "B", and the defendant.
Article 3 The loan charges shall be calculated in accordance with the relevant Acts and subordinate statutes, and the loan charges for one year (the first year) from the contract date shall be KRW 4,426,920, and the Value-Added Tax Act and the Enforcement Decree thereof shall be separately paid.
Provided, That the number of days less than one month shall be calculated on a daily basis.
Article 7 The term "B" shall not engage in any of the following activities without the approval of "A":
2. In any of the following cases, Article 8 (1) of the sublease or disposal of the right to the leased property may be cancelled or terminated at any time by the contract for all or part of the leased property to “B”:
2. “B” (Defendant) shall restore the mountain village of the loan to its original state within the period designated by “A” and return it in the presence of the employees of “A” when the lending period expires or this contract has been terminated.
C. On December 7, 2017, the Plaintiff entered into a contract with the Defendant to modify the loan fee, etc. of the instant loan agreement (hereinafter “instant modified contract”), and the part relating to the instant case is as follows.
The Defendant, without the Plaintiff’s approval, sublets the instant closed school to B, and on July 6, 2018, the Plaintiff concluded a contract for the instant modification to the Defendant pursuant to Article 8(1)2 of the instant modified contract.