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(영문) 대구지방법원서부지원 2020.05.28 2019가합51950
토지인도
Text

1. The defendant is installed on each land listed in attached Table No. 1 as indicated in attached Table No. 1 to the plaintiff.

Reasons

1. Basic facts

A. Under Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act, the Plaintiff is a state-owned property management agency entrusted by the Ministry of Strategy and Finance with the affairs concerning administration and disposal of general property among state-owned property, and each land listed in attached Table 1 (hereinafter “each land of this case”) is a general property among state-owned property for which the Plaintiff is entrusted with the management

B. On August 5, 2011, the Plaintiff concluded a loan agreement for State property (hereinafter “former loan agreement”) with the Defendant, from August 5, 2011 to August 4, 2016, by requiring that the loan fee be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act (hereinafter “former loan agreement”).

On the ground of each of the instant land, the Defendant installed a temporary building listed in attached Table 2 (hereinafter “instant building”) as indicated in attached Table 2 (hereinafter “instant building”), and operated a car page business in the instant building.

C. The Plaintiff and the Defendant concluded a renewed contract on August 5, 2016, where the period of the instant previous loan agreement expired.

(hereinafter “instant renewal loan agreement”). The parts relating to the instant case out of the renewal loan agreement are as follows.

Article 2 (Period of Loan) The term of loan shall be from August 5, 2016 to August 4, 2021 (five years).

Article 3 (Loan Charges) Rent shall be KRW 126,378,000 per annum (excluding surtax).

Provided, That the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 8 (Cancellation or Termination of Loan Agreements) In any of the following cases, the borrower may cancel or terminate this Agreement:

5. Where a person who obtains a loan violates any statute related to State-owned property or this contract, the lease period under Article 11 expires or this contract shall be cancelled or terminated.

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