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(영문) 부산지방법원 2014.12.10 2014가단202079
부당이득금
Text

1. Of the instant lawsuits, 5,51,600 won and the interest rate of 15% per annum from July 12, 2009 to the day of full payment.

Reasons

1. Basic facts

A. Pursuant to Article 26(1)8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation and Article 42(1) of the State Property Act and Article 38(1) of the Enforcement Decree of the same Act, the Plaintiff was entrusted by the Republic of Korea with the business of managing and disposing of 1551 square meters of land, which is general property owned by the Republic of Korea (hereinafter “instant real property”).

B. The Defendant, from January 1, 2007, without entering into a loan agreement with the Republic of Korea or the Plaintiff or obtaining approval for use, occupied and used the instant real estate as land for a factory without permission. On July 11, 2008, the Defendant entered into a loan agreement with the Plaintiff on the instant real estate (hereinafter “instant loan agreement”).

The main contents of the instant loan agreement are as follows.

Article 1 The purpose of use of loaned property shall be land for factory.

Article 2 The loan period shall be from July 11, 2008 to July 10, 2013.

Article 3 Rent shall be KRW 5,264,140 (excluding value-added tax) annually.

However, in the case of land, the rent shall be determined every year on the basis of the value of property calculated each year pursuant to Article 26 (2) 1 of the Enforcement Decree of the State Properties Act.

Article 8 (1) In any of the following cases, the plaintiff may cancel this contract against the defendant:

5. Where the defendant violates the Acts and subordinate statutes related to State property and the above contract provisions.

C. While the Defendant used the instant real estate according to the instant loan agreement, it did not pay to the Plaintiff the sum of KRW 5,551,60, value-added tax of KRW 555,160, and late payment penalty of KRW 830,380 under the instant loan agreement, KRW 6,937,140.

On June 29, 2010, the Plaintiff notified the Defendant of the termination of the instant loan agreement under Article 8(1)5 of the instant loan agreement and Article 36 of the State Property Act on the ground that the instant loan agreement was in arrears, such as the above loan charges.

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