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(영문) 인천지방법원 2012.01.19 2011구합2150 (1)

변상금부과처분취소

Text

1. The Defendant’s disposition imposing indemnity of KRW 9,517,240,90 against the Plaintiff on February 1, 201, which was KRW 5,144,454,574.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation incorporated on June 10, 2008 by jointly investing in the consortium and the Incheon Urban Corporation (the name of the Party was the Incheon Urban Development Corporation, and the name was changed to the Incheon Urban Development Corporation on December 28, 201) in which approximately 16 companies, such as the KS Telecom Co., Ltd. participated.

B. The Yeonsu-gu Incheon Metropolitan City is a public property and owned by Incheon Metropolitan City, and the Defendant manages the land with the authority delegated by the Mayor of Incheon Metropolitan City.

C. On February 1, 2011, the Defendant: (a) deemed that the Plaintiff owned the relevant land without permission while owning the oil-CFS Center (Public Relations Experience Center), oil-Intermodal transfer centers, and commercial buildings on the instant land (hereinafter “instant building”); and (b) imposed a notice on and collected the penalty of KRW 9,517,240,90 for the period from July 1, 2009 to November 30, 2010 pursuant to Article 81(1) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”); (c) based on the assessment price of KRW 111,769,40,000 x lease rate of KRW 50/1,00 x 518 days/365 days x 120 percent).

In addition, the defendant shall be the plaintiff and May 17, 201.

For the reasons indicated in the preceding paragraph, KRW 1,139,129,20 of the indemnity for the period from December 1, 2010 to January 31, 201 (i.e., the appraised price of KRW 111,769,40,00 x 50/1,00 of the rental rate x 62 days/365 x 120 percent of the indemnity rate x 62 days x 120 percent of the indemnity rate x 4,496,560 won additionally collected on January 21, 201; and (ii) the indemnity rate of KRW 1,648,110,100 for the period from February 1, 201 to April 30, 201 (i.e., the appraised price of KRW 111,769,51, 1607, 209, 2075 x 606).

[Attachment 12,308,977,770 won in total (i.e., KRW 9,517,240,900 in total) (i.e., KRW 1,139,129,200 in total) is subject to the instant disposition.