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(영문) 서울남부지방법원 2018.02.02 2017가합107514
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. Cases in which this Court applies for the suspension of compulsory execution No. 2017 Chicago10163.

Reasons

1. Basic facts

A. 1) The Defendant entrusted the management of the Guro-gu Seoul Metropolitan Government D Building pursuant to Article 27(1) of the Public Property and Commodity Management Act by the head of the Seoul Special Metropolitan City, who is the public property management authority, with the management of the D Building on January 8, 2016 (hereinafter “instant sales facility”).

As to the period of use, the period of use is from January 18, 2016 to December 31, 2020, and the annual amount of use is KRW 44,100,000 (from the second year to the date determined by relevant laws and regulations), and the use and profit-making was permitted under the conditions attached thereto (hereinafter “instant use permission”).

(4) If the user fee is not paid by the designated date after receiving a reminder at least three times due to the unpaid payment of the user fee, the permission shall be deemed to be null and void, and the contract deposit already paid shall be vested in accordance with the relevant laws and regulations, and the relevant facility shall be put to a tender. Article 18 (Restriction on Activity ① The contracting party shall not engage in any of the following conduct without the approval of the contracting agency:

1. Alteration of the purpose of use or profit;

2. Subleting or disposing of rights to the permitted property; and

3. Altering the original state of property subject to permission;

4. Where the act of transferring the facilities of a contracting party to a contract equipped with a permitted property to a third party falls under any of the following subparagraphs, the contracting agency may cancel or terminate this license:

1. When a contracting party fails to pay a user fee, etc. for at least three months;

2. When the contracting party fails to pay the user fee by the designated date after receiving a reminder of at least 0.3 times from the time when he/she subleases, jointly operates or transfers the leased object without the approval of the contracting agency; and he/she has failed to pay the user fee by the designated date. (1) When the period of permission expires or the permission is revoked;

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