(영문) 대구지방법원 2017.10.20 2017가단106623

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(영문) 대구지방법원 2017.10.20 2017가단106623

건물명도(인도)

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1. Of the instant lawsuit, the part regarding the claim for return of unjust enrichment from September 16, 2017 is dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The Gyeongbuk University Hospital obtained permission from the Republic of Korea for free use of, and profit from, the buildings indicated in the separate sheet (hereinafter “instant buildings”) as State-owned property from the Republic of Korea. The Plaintiff obtained permission for free use of, and free use of, the welfare facilities for employees, patients, and guardians of, the said buildings from the Gyeongbuk University Hospital for the purpose of providing convenience to the employees, patients, and guardians.

B. On December 6, 2013, the Plaintiff and the Defendant entered into a convenience store management service contract (hereinafter “instant contract”) with the Defendant, among the instant building, for the convenience store with the size of 19.2 square meters (hereinafter “instant store”) at the store located in the (Ga) section connected with each of the instant items in sequence, and the 19.2 square meters at the store located in the (Ga) section, not dental services, and for the 25.5 percent of the total monthly sales (including value-added tax) at the 17 December 17, 2013 to December 16, 2016.

C. After the termination of the contract period, the Defendant delivered to the Plaintiff the 26m2 of the instant contract subject matter, which is not dental, but continues to operate convenience points while occupying and using the instant store until now.

The Defendant deposited KRW 188,966,255 (= KRW 24,720,05 won for March 2, 2017) as the Plaintiff and deposited KRW 29,803,803,05 for the month of June 29, 319,368 KRW 29,803,145 for the month of August 29, 201, KRW 26,05,69 for KRW 42,175,05 for the month of June of KRW 52,175,97,066).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, Eul evidence Nos. 8, 17 through 20, and the purport of the whole pleadings

2. Request for extradition;

A. According to the above facts of determination as to the cause of the claim, the instant contract was terminated on December 16, 2016, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff.

B. The defendant's assertion

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