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(영문) 광주지방법원 2015.07.24 2014나54539
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 12, 2008, the Plaintiff announced a public announcement of permission for use and profit-making (not exceeding three years) for the category of permitted business with respect to five stories 998.16 square meters (hereinafter “the instant building”), among the real estate listed in the attached Form, which is a state property managed by B University, as “health room”, “1 year user fee 59,915,000”, “1 year user fee 59,915,000” and “3 years (not exceeding three years).

B. C, the Defendant’s pilot, participated in the above bidding, and was determined as the permission authority to use and benefit from the building of this case in the annual fee of KRW 85 million on April 14, 2008.

C. C, upon delivery of the instant building, began to run a healthcare business, and thereafter, the Plaintiff began to pay the fee to the Plaintiff. The Plaintiff revoked the permission to use and profit from the instant building, and thereafter filed a lawsuit against the Gwangju District Court No. 2010Gahap10155 against C, etc., including the name of the building.

On December 30, 2010, the above court rendered a compulsory adjustment decision including the contents of the new bid procedure to be implemented, and the above decision became final and conclusive as it is.

E. In accordance with the above determination, on November 24, 2010, the Plaintiff announced the public announcement of permission for use and profit-making by setting the use of the instant building as “Operation of Health Care Center”, “1,005,00 won per year usage fee”, “3 years of use and profit-making (not exceeding three years)” as “the period of permission for use and profit-making”.

F. Around February 2011, the Defendant, who is a convict C, applied for permission for use and profit-making of the instant building. On March 5, 2011, the Plaintiff permitted use and profit-making of the instant building, subject to the following conditions. Around that time, the Defendant prepared and issued a letter including the content that the Defendant renounced the Plaintiff’s right to claim beneficial expenses.

The period of permission for use and profit-making under Article 2 (Period of Use and Profit-making) shall be from March 5, 201 to March 4, 2014, and shall not exceed three years.

Article 7 (Preservation of Property Subject to Permission for Use and Exclusion of Right) Employees shall exercise due care as a good manager.

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