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(영문) 창원지방법원 2017.06.13 2016구합399
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 1, 2007, the Plaintiff entered into a loan agreement with the Defendant on August 1, 2007 with respect to the building C (hereinafter “instant building”) of the Yongsan-gu, Changwon-si, Yongsan-gu, Seoul (hereinafter “instant building”). From August 11, 2007 to August 10, 201, the Plaintiff used the instant building for the purpose of office and educational facilities.

B. On June 11, 2013, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant building with the Changwon District Court, which had not returned the instant building even though the Plaintiff had expired.

On December 31, 2014, the Changwon District Court rendered a judgment to the effect that "the plaintiff shall deliver the building of this case to the defendant." The judgment was finalized on November 26, 2015.

[C] Changwon District Court Decision 2013Da8185, Changwon District Court 2015Na30460 (principal lawsuit), 2015Na1561 (Counterclaim), Supreme Court 2015Da23171 (principal lawsuit), 2015Da23178 (Counterclaim)].

On August 6, 2015, the Defendant applied Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) to the Plaintiff for the period during which the Plaintiff occupied the instant building without permission (from August 11, 2010 to April 15, 2015, the day following the expiration of the lending period), and Article 28(1) of the Ordinance on the Management of Public Property at Changwon-si, applying the rate of rent to KRW 20,83,830 to the Plaintiff, as follows, pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and Article 28(1) of the Ordinance on the Management of Public Property:

(hereinafter referred to as the "disposition of this case"). The amount of charges (won) for the rate of 2010 62,527,850 0.05 0.65 143 1,634,634, 380 2011 72,136,050 05 0.65 365 14,328,160 2012 73,521, 220 0.05 365 4,41, 270 270 76,517,50 50 0.654,50 14,50 1465,50 14,50 205 205 146,584,65 205 205,64,65 205,64,65,64,65, 2015

D. The Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on December 29, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 6, 7, and Eul No. 1 to 1.

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