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(영문) 광주지방법원 2020.11.25 2020가단508357
토지인도
Text

Of the area of 602 square meters in Seo-gu, Seo-gu, Gwangju, the Defendant has each point in the attached Table 1, 2, 3, 4, 5, 6, 7, 14, 8, 1.

Reasons

1. Facts of recognition;

A. On December 7, 2010, the Plaintiff entered into a loan agreement with the Defendant on the condition that the Plaintiff would pay the amount calculated by the formula of the lease period from January 1, 2011 to December 31, 2013 with respect to the area of 602 square meters (hereinafter “instant land”) prior to Gwangju Seo-gu, Seo-gu through the “Public Property Loan Notice” (hereinafter “instant land”), and the rent for the first year from January 1, 201 to December 31, 2013, under Article 31(2) and (3) of the Enforcement Decree of the Public Property and Commodity Management Act, and the rent for the second year from the second year to the successful bid amount.

(hereinafter “instant loan agreement”). B.

After entering into the instant contract, the Plaintiff knew that a third party occupies 252 square meters among the instant land, and thus, he/she should enter into a loan agreement only with respect to the remaining 350 square meters. On January 5, 2012, the Plaintiff requested the Defendant to submit his/her opinion by no later than January 2012, 2012, stating that “The Plaintiff may file an application for termination of the contract, if the loan fee for the area of the erroneous loan is returned at a prompt date, and if the damage incurred due to the erroneous loan agreement is not maintained, the Plaintiff may file an application for termination of the contract, and if the Plaintiff intends to maintain the loan within the contract period, it shall enter into a loan alteration agreement with the reduced area as soon as possible.”

C. However, the Defendant did not terminate or change the instant loan agreement, and did not pay the loan fee from December 31, 2012, and the term of the instant loan agreement expired on December 31, 2013.

After treating the loan fee of 252 square meters imposed on the Defendant in error from the delinquent amount, the Plaintiff informed the Defendant of the payment of the unpaid loan fee of 7,164,040 square meters, and the Defendant paid the unpaid loan fee of 1,000,000 won on June 1, 2015, and the Defendant paid each amount of KRW 489,270,000 on July 24, 2015, and KRW 1,50,000 on June 11, 2018.

E. After the expiration of the loan period of this case, the Defendant is on the land of this case.

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