변상금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Details of the disposition;
A. On November 2010, the Plaintiff participated in the B basin rental bid publicly announced by the Busan Traffic Corporation (hereinafter “instant parking lot”), and was designated as a successful bidder. On December 18, 2010, the Plaintiff entered into a lease contract with respect to the total area of 14,855 square meters among the 104,630 square meters in Busan, which is the instant parking lot owned by the Busan Traffic Corporation and the Busan Traffic Corporation, and 16,700 square meters in the area of 8,232 square meters in Busan, which is owned by the Defendant, and 16,700 square meters in the area of 6,622.85 square meters in the area of 14,85 square meters in the area
B. On December 13, 2013, the Plaintiff participated in the instant parking lot rental bid publicly announced by the Busan Urban Transit Authority and designated as a successful bidder. On December 13, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Busan Urban Transit Authority and the instant parking lot by setting the contract amount of KRW 1.26 million (no data to verify how the contract price has been calculated) and the contract period (the lease period) as three years from January 18, 2014 to January 17, 2017.
C. According to the instant lease agreement, the instant parking lot business hours shall be 24 hours, and parking fees shall be applied pursuant to the Ordinance of the local government of the Busan Metropolitan City pursuant to Article 14(2) of the Parking Lot Act, and in cases falling under any subparagraph of Article 3-2(1) of the Busan Metropolitan City Ordinance on the Installation and Management of Parking Lots, parking fees shall be exempted or reduced, and in cases falling under Article 14(2) of the Parking Lot Act,
On the other hand, the construction of facilities necessary for the operation of the instant parking lot and the installation, relocation, and enlargement of power supply facilities from the electric power charging point of the leased facilities are determined to be installed at the cost of the Plaintiff.
The Defendant received the management right on the instant parking lot of 6,622.8 square meters (hereinafter “instant land”) from among the 16,700 square meters of the Busan Summer-gu D Doha-gu, Busan, which was delegated to the Busan Urban Transit Corporation on December 2, 2016, and thereafter received the management right on the instant parking lot of 6,622.8 square meters (hereinafter “instant land”). < Amended by Act No. 14472