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(영문) 수원지방법원성남지원 2019.01.08 2018가합407056
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) each real estate listed in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is the owner of the instant land and the building indicated in Paragraph 2 of the attached Table on the ground (hereinafter “instant building”).

B. The Defendant leased the instant land to B from before 2002, which was public property.

C. On February 22, 2002, the Plaintiff acquired the status under the loan agreement for the instant land from B, and on January 27, 2004, filed an application with the Defendant for a lease of public property for the instant land.

Therefore, on January 27, 2004, the Plaintiff and the Defendant concluded a public property loan agreement with respect to the instant land as follows:

Article 2 (Loan Period) of the Act on the Lease of Public Property: Where the lease period of KRW 5,49,900 expires or the contract is terminated, the Plaintiff shall restore the loan property to its original state within the period designated by the Defendant and return it in the presence of the Defendant.

Where a plaintiff intends to continue to borrow a loan after the expiration of the loan period under Article 12, he/she shall submit the loan again one month before the expiration of the loan period.

E. The plaintiff and the defendant D.

As stated in Paragraph (1), each year, after entering into a loan agreement on the instant land, after applying for a loan on the instant land each year (hereinafter referred to as “instant loan agreement”). Thereafter, the Plaintiff and the Defendant entered into the last public property loan agreement on December 30, 2013, and the expiration date of the lease term under the said agreement is December 31, 2014.

(The contents of each public property loan agreement are almost similar to the contents of the first loan agreement, except that there is a change in the amount of rent. [The grounds for recognition] The facts of no dispute, evidence Nos. 1 and 2, and evidence Nos. 1 through 11 are available.

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