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(영문) 대전고등법원 2018.08.29 2017나13029
청구이의
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. Daejeon District Court 2017Kadan20061 Suspension of Compulsory Execution.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 2, 3, 4, 8 through 12, and 14:

On November 15, 2012, the Plaintiff entered into a contract with the Defendant, who was entrusted with the management by the Ministry of National Defense, which is the management authority, for the lease of the Daejeon Middle-gu B and C (hereinafter “instant land”) (hereinafter “instant contract”).

On the ground of the instant land, the Plaintiff installed facilities for the second class neighborhood living facilities, put to place place orders, etc. (hereinafter “instant facilities”) on the ground of the instant land, and disbursed KRW 125 million for the purchase cost of human turfy, KRW 50 million for the construction cost of human turfy, KRW 20.9 million for the electric construction cost, KRW 20.9 million for the electric construction cost, and KRW 198 million for the construction cost, such as a retaining wall, a retaining wall, a parking lot, and gravel.

On May 20, 2013, in Daejeon District Court No. 2013No. 666, the telephone call, which is the content of the instant contract, was established as a compromise clause, and the protocol of protocol describing the purport of the claim (hereinafter “instant protocol of protocol”) was prepared.

Of the instant protocol of conciliation, the part relating to the instant case is as follows.

(1) The parties to a contract shall pay the land usage fees of KRW 100,220,00 (in addition rate of KRW 1.5%) per year, and the payment shall be made four installments per year.

(4) The plaintiff may establish a temporary building (excluding a permanent building) with the approval of the Minister of National Defense for business purposes.

Article 3 (Duration of this Agreement) The duration of this Agreement shall be two years from the date of conclusion of this Agreement.

(1) The Plaintiff and the Defendant may extend the contract period with the approval of the Minister of National Defense as stipulated in the State Property Act, in cases where the land use plan of the Defendant or the Office of National Defense (Ministry of National Defense) is not finalized upon the expiration of the contract period, on November 15, 2012.

Article 5 (Lighting and Restoration to Original State) (1) Where a contract is terminated or terminated.

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