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(영문) 대전지방법원 2016.10.27 2015구합106065

공유재산사용수익허가연장신청거부처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. Separate 10%: The method of determining a successful bidder by bidding for the separate payment of value-added tax equivalent to the awarded amount of value-added tax (three years for the contract period): The successful bidder shall submit a separate application for permission for use within 15 days from the date the successful bidder shall prepare the documents (application for permission for use of public property) specified in this public notice within 15 days from the date of the successful bid, and the successful bidder shall enter into the contract within three years from the date of the successful bid and pay the contract performance bond (cash) equivalent to 10% of the usage fee within the designated period, and the contract deposit shall be the revenue of our Gu. * If the contract performance bond for three years from the payment of the contract performance bond is an individual, the user fee for the first three years shall be three times the date of the first year payment of the usage fee for the first year and shall be determined at the time of entering into the contract with the Korean Intellectual Property Office as at the date of the date of the public announcement of the successful bid and submit the documents related to the operation of the franchise.

C. On November 8, 2012, the Plaintiff entered into a contract with the Defendant for the term of the contract (from November 8, 2012 to November 7, 2015) with respect to the instant real estate on the following occasions: (a) the period of the contract shall be three years (the period of use shall be from November 8, 2012 to November 7, 2015); (b) the amount calculated in accordance with the relevant Acts each year after the second year (excluding value-added tax); and (c) the amount calculated in accordance with the relevant Acts and subordinate statutes and value-added tax shall be paid every year for the first year (attached Form 1).