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(영문) 청주지방법원 제천지원 2018.05.10 2017가합10407
건물명도(인도)
Text

1. The defendant shall be the plaintiff and Ga.

Attached Form 1. Of the first floor of the building in paragraph 1 of the list, each point of Attached Form 2. 1,2,3,4,1.

Reasons

1. Basic facts

A. On January 27, 2015, the Defendant obtained permission for use from the Plaintiff: (a) as to the building listed in Paragraph (2) in the List of Attached Table 1 (hereinafter “instant B factory”) and the adjacent Cdong factory (hereinafter “instant factory”) from March 1, 2015 to December 31, 2017; (b) as indicated in the List of Attached Table 1, the Defendant obtained permission for use from the Plaintiff during the period of use; (c) as to the leased factory from March 1, 2015 to December 31, 2017; and (d) as to the building listed in the List of Attached Table 1, among the first floor of the building listed in the List of Attached Table 2, the Defendant obtained permission for use from the Plaintiff during the period of use to the date indicated in the Map 1, 2, 3, 4, and 1, and each of the foregoing Section 3.2, 47.52 square meters and 1, 2015 square meters (hereinafter “the above portion of the instant office’s”).

B. Of the instant permission for use, Article 11 subparag. 6 of the condition of permission provides that “If the Defendant fails to pay the user fee by the payment deadline, the Plaintiff may revoke the permission for use of all or part of the permitted property at any time.”

C. By January 31, 2016, the Defendant did not pay all public charges for the use of each of the instant factories’ usage fees of KRW 42,933,600 and each of the instant building subject to the instant use permit to the Plaintiff until January 31, 2016.

Accordingly, on April 11, 2016, the Plaintiff sent a prior notice of revocation of part of the permission for use of this case to the Defendant, and notified the Defendant of the revocation of permission for use on October 28, 2016 and December 12, 2016.

Upon the Defendant’s request on January 11, 2017, the Plaintiff promises from the Defendant to pay in full the rents and public charges until February 28, 2017, as well as to voluntarily order the buildings for which permission for use was granted by March 31, 2017 if the Plaintiff fails to comply with the commitment.

‘The permit for use' shall be revoked upon receipt of a written statement of performance.

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