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(영문) 광주지방법원목포지원 2016.08.17 2015가단53184
부당이득금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing machinery. The Defendant is a corporation established on January 6, 1997 in order to develop and manage industrial complexes and to support the industrial activities of enterprises pursuant to the Industrial Cluster Development and Factory Establishment Act, and is entrusted by the Minister of Commerce, Industry and Energy (Ministry of Trade, Industry and Energy), the administrative authority of which is a foreign investment zone under Article 18 of the Foreign Investment Promotion Act (hereinafter “instant foreign investment zone”).

B. Around 2003, the Plaintiff purchased shares of KRW 65,00,000,000, and reached KRW 639,50,000 of the total amount of investment at the time, and accordingly, on August 20, 2003, the Plaintiff entered into a lease agreement with the Defendant on August 20, 200 with regard to the amount of KRW 331-7,917 square meters among the foreign investment zone in the instant case (hereinafter “instant lease agreement”).

Article 1 (Period of Lease) The term of lease shall be 50 years (10-year re-contract) from August 22, 2003 to August 21, 2053.

Article 2 (Lease Area and Rent) (1) The lease area shall be 9,917 square meters.

(2) Rent shall be 27 won/months per square meter until November 2004, and thereafter shall be the lease price publicly notified by the Minister of Commerce, Industry and Energy.

(3) Where it falls under any ground for reduction of or exemption from rents under Article 13 of the Foreign Investment Promotion Act or a master plan for the management of a business complex for exclusive use by foreigners, A may, upon application by the Plaintiff, reduce or exempt rents.

(4) Where a person becomes disqualified for the reduction or exemption of rents or fails to comply with the conditions of reduction or exemption after the determination of the reduction or exemption of rents under paragraph (3), A may suspend the reduction or exemption of rents or collect rents already reduced or exempted.

Article 3 (Payment of Rental Deposit and Rent) (1) B shall pay a monthly rent for one year at the same time as the principal contract is concluded, and the rent shall be paid for the relevant year.

(b).

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