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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall be the plaintiff.
(a) 1,137,852 Won and its corresponding;
Reasons
1. Basic facts
A. In 2011, the head of the Korea D Academy (hereinafter referred to as the “Plaintiff”) affiliated with the Plaintiff (hereinafter referred to as the “Plaintiff”) conducted a tendering procedure to select a user of 39m2 of the second floor of the instant building, which is an administrative property, among the State property, and selected the Defendant as a successful bidder.
B. On March 18, 2011, the Plaintiff: (a) determined the purpose of use with respect to the said 39 square meters portion as “operation of a store”; (b) the period of use as “from March 26, 2011 to March 25, 2016”; and (c) granted permission to use the fee as “1.210,000 won per annum”; (b) the Defendant received the said 39 square meters portion from around that time, and operated the said 39 square meters portion at the same place.
C. On July 16, 2013, the Plaintiff: (a) determined the purpose of use with respect to the part of 60 square meters in different places among the second floor of the instant building as “operation of a store”; (b) the period of use from July 16, 2013 to March 25, 2016; and (c) granted permission to use the user fee as “1,414,710 won per annum”; and (d) the Defendant received the delivery of the said part of 60 square meters from around that time, and continued to operate the previous tasks at that place.
On April 20, 2016, after the expiration of the above service period, the Plaintiff: (a) determined the purpose of use for the part of the store of this case among the second floor of the building of this case as “the operation of the store of this case”; (b) the period of use from March 26, 2016 to March 27, 2017; and (c) granted permission for use as “4,551,410 won annually; and (d) the Defendant continued to operate the previous tasks after delivery of the store of this case from around that time.
E. After March 27, 2017, which was the end of the above period of use, the Defendant occupied the instant store by opening the door door of the instant store with locks until then.
[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 4, 5, 6 (including each number), the purport of the whole pleadings
2. Determination of the cause of the claim shall be made to the illegal occupant under the State Properties Act.