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(영문) 서울중앙지방법원 2017.01.20 2015나61414
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

. Facts of recognition.

A. The Plaintiff submitted to the Defendant a business plan containing a content of establishing the Poura Research Institute on the Gangnam-gu Seoul Metropolitan Government, 595㎡ (hereinafter “instant river site”) owned by the Defendant, and filed an application for permission to occupy and use the instant river site.

B. On April 8, 2014, the Defendant issued a certificate of permission for occupation and use of rivers stating the following conditions to the Plaintiff upon granting the Plaintiff’s above application (hereinafter “instant permission for occupation and use of rivers”). On the other hand, the Defendant issued a certificate of permission for occupation and use of rivers stating the same.

The details of permission for occupancy and use of a river: The purpose of occupancy and use of the instant river site: The area for which the Posise Research Institute was established: The occupancy and use period of 595 square meters: the period from April 1, 2014 to December 31, 2016 (two years and nine months): The conditions of permission for additional permission: the occupancy and use of a river (from April 1, 2014 to December 31, 2014): 1,214,90 occupancy and use fees of KRW 1,214,90: the occupancy and use fees of KRW 1,104,460, value-added tax (10%) and the conditions of permission attached to the permit for occupancy and use of a river (general matters) * the conditions of permission for occupancy and use of a river

1. The river site shall be restored to its original state at the expense of the person who has obtained permission for occupancy or use at the time of expiration or cancellation;

(b) [Special Matters to be Observed]

6. Gangnam-gu does not raise an objection when the permission for occupancy and use is notified due to public interest, and the Gangnam-gu's instruction is actively followed (in such cases, Gangnam-gu shall be notified 30 days before the date on which permission for occupancy and use ends); 7. A person who has obtained permission shall comply with all directions issued by the head of the Gu concerning river management; and when it is deemed necessary for the public interest even during the period of permission, he

8. Details not mentioned above shall also be complied with at any time when the Gangnam-gu's request for public-interest cooperation is made.

9. When any condition specified in the subparagraphs is violated, Gangnam-gu may revoke permission for occupation and use, and in such cases, he/she shall not claim compensation for damage;

C. On May 26, 2014, the Plaintiff is against E running D in the instant river site.

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