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(영문) 울산지방법원 2021.01.12 2020가단8691
대부료부존재확인
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In 2003, the Plaintiff leased the building site and ground buildings in Ulsan-gu D from Ulsan-gu, U.S., Ulsan-do.

B. The land owned by the State (hereinafter “State-owned land”) in Ulsan-gu is a State-owned land adjacent to the D site.

(c)

After the lease as above, the Plaintiff newly constructed a temporary building on some of the ground of the State-owned land of this case.

(d)

On November 2004, the Plaintiff entered into a loan agreement with the Jung-gu Office, Ulsan-gu, the management authority of the State-owned land of this case and with respect to some of 34 square meters of the State-owned land of this case, which is a part of the building site of this case, and paid rent.

E. The managing authority of the instant state-owned land moved to the Defendant from Ulsan Central District Office.

F. On January 1, 2013, the Plaintiff concluded a loan agreement with the Defendant on a period of 34 square meters with respect to a part of the State-owned land of this case from January 1, 2013 to December 31, 2017 (hereinafter “instant loan agreement”). G. The Plaintiff paid the loan charges to the Defendant under the instant loan agreement from January 1, 2013 to January 1, 2016.

H. On December 14, 2018, the Plaintiff submitted to the Defendant an application for termination of the instant loan agreement with respect to the instant loan agreement.

I. The Defendant urged and seized loan charges and late payment charges stipulated in the instant loan agreement, which the Plaintiff unpaid to the Defendant, from January 1, 2018, the date following the expiration date of the instant loan agreement, to December 6, 2018, before submitting an application for termination of the State-owned land loan agreement concerning the instant loan agreement, the Defendant imposed the changed reward on the Plaintiff from January 1, 2018.

(j) As of August 13, 2020, the Plaintiff’s unpaid rent and its late payment charge amounting to KRW 5,100,000, and the changed reward and its late payment charge amount to KRW 3,235,790.

(k) On January 12, 2019, the Defendant confirmed on January 12, 2019 that the Plaintiff did not remove the building on the part of the State-owned land of this case. In addition, the Defendant identified the fact that the instant building owned C was invaded by ten square meters of the State-owned land of this case, thereby identifying the fact that the instant building was located on the part of the State-owned land of this case.

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