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(영문) 수원지방법원안양지원 2017.08.24 2016가단122872
건물인도청구 등
Text

1. The Defendant shall: (a) the Plaintiff:

Attached Form

A list 1.A list 2.The first floor science museum exhibition center of the building.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who owns and operates a B science museum, which is a building listed in the attached Table 1 list.

B. On November 6, 2013, the Plaintiff, among the first floor science museums of the instant building in the instant building, determined the period of use on the ship with which the principal building was connected in sequence 1, 2, 3, 4, and 1, as indicated in the Map No. 2, among the science museums of the first floor in the instant building (hereinafter “instant building”) was from November 16, 2013 to November 15, 2015, the Plaintiff permitted the Defendant to use and benefit from State property at a cost by setting the fee of KRW 74,50,000 for use of and benefit from State property.

C. After November 11, 2015, the Plaintiff determined the period of use of the instant building to the Defendant from November 16, 2015 to November 15, 2016, and extended the use fee to KRW 79,762,630.

Around August 2016, the Plaintiff had expressed an intention to extend the permission for the second use of the building. However, the Defendant expressed that there was no intention to extend the permission, and the Plaintiff announced a public announcement of the permission for the use and benefit of the building of this case on or around September 20, 2016, and the new company was awarded a successful tender.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 15, the purport of the whole pleadings

2. Determination

A. According to the determination on the cause of the claim, barring any special circumstance, the period for permission to use and benefit from the instant building between the Plaintiff and the Defendant expires, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated at the rate of KRW 79,762,630 per annum from November 15, 2016 to the completion date of delivery of the instant real estate.

B. As to the Defendant’s assertion, the Defendant agreed to extend the permission for use for one year after the expiration date of the permission for use and benefit of this case. Barring special circumstances, the period of permission for use and benefit of this case is naturally extended, and the Defendant has a right to use for one year.

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