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Reasons
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(영문) 서울서부지방법원 2018.12.21 2018가단218673
사용료 반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around July 2010, the head of the Defendant-affiliated B made a public announcement of the bid for permission to use and benefit from state property (hereinafter “instant bid”) with respect to the golf shop, etc. owned by the Defendant in C as follows.

1. Matters referred to tender: Permission to use and benefit from State property;

2. A minimum bid price for the area (exclusive/public use) permitted for the business category permitted to use the display number of the property in question is 1,206.25 (1,206.25/0) 130,000,000 for the purpose of permission for use and profit-making 132.40 (32.40/40) 16,000,000 for three lots of golf clubs, such as Seosan-si Do, Seosan-si, 1,206.25 (1,206.25/0)

3. Date and time of opening the Internet bidding on July 26, 2010 on the date and time of opening the Internet bidding on July 26, 2010 on the date and time of opening the Internet bidding on July 27, 2010 on the date and time of opening the Internet bidding at the Internet bidding closing date, classified into bidding schedule;

4. Bidding methods: General competitive bidding (Internet electronic bidding);

B. The Plaintiff participated in the said golf shop (hereinafter referred to as “instant golf shop”) bid price of KRW 16,010,000, and was selected as a successful bidder. On August 12, 2010, the head of B granted the Plaintiff permission to use and benefit from State property with the use period of the instant golf shop from September 1, 2010 to August 31, 2015, with the use period of KRW 16,010,000 annually.

On September 1, 2010, the Plaintiff and the head of B concluded the instant golf shop operation agreement (hereinafter “instant agreement”) with the term of the operation agreement from September 18, 2010 to September 17, 2015.

C. On September 17, 2015, the Plaintiff and the head of the B group decided to renew the instant agreement by three years until September 17, 2018. Accordingly, on January 13, 2016, the head of the B group decided to grant the Plaintiff permission to use and benefit from State property, including the permission to use and benefit from State property as of August 12, 2010 and the permission to use and benefit from January 13, 2016, to the Plaintiff from September 13, 2015 to September 17, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 2, and arguments.

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