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(영문) 서울행정법원 2019.05.31 2018구합85174

조례취소

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiff-Appellant A (hereinafter “Plaintiff Association”) is an incorporated association established for the purpose of protecting the rights and interests of lessees operating underpasses, and the rest of the Plaintiffs are tenants who run their businesses in the said store by leasing an underground shopping mall store owned by the Defendant, such as I, J, and K Station.

Article 8 (1) through (3) of the Seoul Special Metropolitan City Ordinance on the Management of Underpasses shopping Districts (hereinafter referred to as the "Ordinance of this case") shall be prescribed as follows:

Article 8 (Rent, etc.) (1) of the Seoul Special Metropolitan City Ordinance on the Management of Underpasses for Underground Markets) (1) shall impose and collect rents, rental deposit, management expenses, etc. (hereinafter referred to as "rents, etc.") prescribed by this Ordinance from

(2) Rent under a public tender shall be the amount awarded at a successful tender, and the payment shall be made in lump sum. < Amended by Act No. 10981, Jul. 28, 2011>

(3) In cases of a contract under a negotiated contract, the amount and methods of payment of the rental deposit and rent shall be as follows: < Amended by Act No. 10981, Jul. 2

A person shall be eligible for the payment of expenses under paragraph (1). < Amended by Presidential Decree No. 18750, Mar. 17, 2005; Presidential Decree No. 19035, Oct. 4, 2006; Presidential Decree No. 23072, Jul. 2

1. A rental deposit shall be the amount of monthly rent for 24 months, calculated pursuant to subparagraph 2, and shall be paid at a time;

Provided, That if a trustee or tenant desires, it may be paid as a guarantee insurance policy for payment, and if it is paid as a guarantee insurance policy for payment, it shall be paid in equal installments each month pursuant to Article 32 (2) of the Enforcement Decree of the Public Property and Commodity Management Act.

2. Rent shall be determined by calculating it pursuant to Article 26 (1) of the Seoul Special Metropolitan City Ordinance on Public Property and Commodity Management in consideration of the property price, price fluctuation rate, the degree of activation of commercial buildings, etc. under Article 9.

[No. 19 July 2018.] However, in Article 8(3)1 of the Ordinance of this case, the term “rental deposit shall be 24 months of monthly rent, calculated in accordance with subparagraph 2, and shall be paid in a lump sum.”