(영문) 의정부지방법원 2016.10.27 2015가단123047

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(영문) 의정부지방법원 2016.10.27 2015가단123047

건물인도 등

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1. The part concerning the claim for payment of money among the lawsuits of this case shall be dismissed.

2. The defendant shall enter the plaintiff in the annexed list 4, 4.

Reasons

1. Basic facts

A. On December 2, 2013, the Plaintiff concluded a loan agreement with Nonparty B (the representative director of the Defendant Company) on the terms of lending each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). However, from December 1, 2013 to November 30, 2018, the Plaintiff concluded a loan agreement with the terms of lending KRW 16,458,30 per annum (excluding value-added tax).

B. On January 16, 2015, B terminated the instant loan agreement with respect to the instant 2, 3 real estate among the leased objects, and the Plaintiff terminated the loan agreement on April 27, 2015 on the instant 1, 4, 5, and 6 real estate.

C. The Defendant currently occupies the instant 4 and 5 real estate without permission.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 through 6, Gap evidence 6-1, 2, and Gap evidence 8, the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of claim

A. According to the provisions of Article 81 (Collection of Compensation) of the Public Property and Commodity Management Act, a person who occupied without a loan agreement shall collect an amount equivalent to 120/100 of the rent of the public property.

B. From September 17, 2015, the Defendant occupied each of the instant real estate, and transferred the instant 2 and 3 real estate to the Plaintiff on February 10, 2016, handed over the instant 1 and 6 real estate on March 10, 2016, and on September 20, 2016, the indemnity amounting to 11,757,262 won as of September 20, 2016.

C. Therefore, the Defendant, as an unauthorized occupant of each of the instant real estate, is obligated to pay the Plaintiff, the owner of each of the instant real estate, an indemnity of KRW 11,757,262 equivalent to the indemnity of KRW 120,00, and damages for delay thereof. The Defendant is obligated to deliver the instant 4 and

3. Determination

(a) Lending State or public general property to an institution entrusted with the authority to administer or dispose of State or public general property which determines the portion of the claim for indemnity is either the State or public property.

참조조문

-물품관리법 제81조

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