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(영문) 대구지방법원포항지원 2016.10.20 2016가합11030
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver to the Plaintiff each store listed in the separate sheet, and KRW 22,00,000, and KRW 200.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 7, 2014, the Plaintiff obtained permission for the commercial use of each store listed in the separate sheet (hereinafter “instant stores”) as State-owned property from the Posisi on January 7, 2014, and the terms and conditions of the permission include the following:

Article 2 (Period of Use) The period of use shall be from January 7, 2014 to January 6, 2019.

Article 3 (Use Fee) The user fee shall be 7,417,200 per annum, l. l. l. l. l. l. l. l. l. l.

Provided, That user fees for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 11 (Prohibition of Transfer, etc.) The term "employee" shall not sublease or transfer the permitted property, nor shall it be provided as the object of security.

In any of the following cases, permission for use of all or part of the permitted property may be revoked:

3. Where he/she allows another person to use and benefit from the permitted property, in violation of Article 30 (2) of the Act;

B. On January 1, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the lessee, the Defendant, and the leased object: (a) for five years from March 1, 2014 to January 1, 2019; (b) for a lease deposit of KRW 20,000,000; and (c) for rent of KRW 7,50,000 (including value-added tax).

C. Upon cancelling the instant lease agreement on January 8, 2015, the Plaintiff and the Defendant concluded an entrustment contract for the instant stores with the Plaintiff “A” and the Defendant as “B” (hereinafter “instant entrustment contract”). The main contents of the terms and conditions of the entrustment contract for the management commission are as follows.

Article 2 (Entrusted Facilities for Management) (1) The term "B" shall only use entrusted facilities for management designated by "A", and the entrustment contract for management shall be substituted by this contract.

Article 3 (Contract Performance Guarantee) (1) "B" shall be as mentioned above.

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