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(영문) 광주지방법원 2016.05.12 2016구합10060

연체료부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 28, 2015, the Defendant issued a public property bid notice (No. 2015-176, hereinafter “instant public property tender notice”) on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

B. The Plaintiff, while participating in the bid at KRW 35,242,00,000 of the bid price, paid KRW 1,762,101,00 to the Defendant on May 20, 2015.

C. On June 1, 2015, the Plaintiff selected as a successful bidder entered into a sales contract for public property (hereinafter “instant sales contract”) with the Defendant to purchase the instant real estate in KRW 35,242,00,000. The details of the instant sales contract are as follows.

Article 2 Section 1 (Plaintiff) shall pay 3,524,20,000 won to A (Defendant) within 10 days from the date of successful bid, which corresponds to 10/100 of the purchase price under Article 1.

(2) The amount referred to in paragraph (1) shall be the amount including bid bonds (1,762,101,00 won) already paid.

(3) When this contract is cancelled, the contract bond paid pursuant to paragraph (1) shall revert to the special account for education expenses of alldo.

Article 3(1) A (Plaintiff) shall pay 31,717,80,000 won, excluding the amount paid pursuant to Article 2, out of the proceeds from sale under Article 1, within 60 days from the date of conclusion of the contract.

(2) Article 80 of the Enforcement Decree of the Public Property and Commodity Management Act shall apply to the amount to be paid where sales proceeds are paid after the payment deadline under paragraph (1) expires.

(3) A (Defendant) shall actively implement the current disuse of the public office building for the land purchased and sold, and if the disuse of the land is delayed, the remaining payment deadline of the proceeds from the sale may be extended at the request of B until the date of disuse, notwithstanding the provisions of paragraphs (1) and (2) of this Article.

(4) Eul shall pay the amount under paragraph (1) of this Article in a lump sum within seven days from the date on which the abolition of use becomes final and conclusive.

(b) the payment deadline;