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(영문) 광주지방법원목포지원 2015.05.21 2014가합1411
부당이득금반환 및 손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant purchased B B B 612.5 square meters and C 725.8 square meters (hereinafter “instant land”) for the purpose of constructing sports-related facilities, but, upon delay in the construction of facilities, decided to lease the instant land.

B. Around June 2009, the Plaintiff applied for permission to use and benefit from the instant land to the Defendant, and the Defendant permitted the use and benefit from the instant land (hereinafter “the instant first permission”) on June 25, 2009 under the following conditions.

Article 2 (Period of Use) The period of use shall be from June 25, 2009 to June 24, 2012.

The permission for use may be renewed once by up to two years.

Article 3 (User Fee) (1) Rental Fee shall be 39,393,550 won per annum.

Provided, That in the calculation of a monthly, the number of days less than one month shall be calculated on a daily basis.

(2) Rental fees for the second and third years shall be calculated pursuant to Article 31 (3) of the Enforcement Decree of the Public Property and Commodity Management Act.

Article 9 (Prohibition against Constructing Permanent Facilities) (1) No employee shall construct any structure or permanent structure, such as a building, road, bridge, etc., on any property permitted to use.

However, the cost of issuing the surety insurance policy or the removal cost presented at the market price of Korea under the condition of voluntary removal after the expiration of the period of permission for use may be deposited in Korea, and a building, etc.

C. After receiving the delivery of the instant land in accordance with the above permission, the Plaintiff constructed a building of 491.28 square meters of the Class II neighborhood living facilities with a light-to-story structure on the ground (hereinafter “instant building”) and operated restaurant business in the instant building.

Around May 2012, the date of expiration of the period of use stipulated in the initial permission, the Plaintiff filed an application with the Defendant for permission to use and benefit from the instant land again. Accordingly, the Defendant’s period of use on June 25, 2012 from June 25, 2012 to June 24, 2014 (the extension of the period, unlike the initial permission, has no content regarding the extension of the period).

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