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(영문) 대전지방법원 2016.08.11 2015구합104458

국유재산사용료부과처분무효확인등

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant, a state-owned property, is the Seoul Dobong-gu Seoul Metropolitan Government, C, D, and E land totaling 9,725 square meters (hereinafter “instant land”).

2) On November 4, 2001, F Co., Ltd. (hereinafter “instant company”) was established on November 28, 198, and operated a heavy automobile sales business and parking lot business on the instant land. On December 4, 2001, it is deemed that it was dissolved as a dormant company pursuant to Article 520-2(1) of the Commercial Act. The liquidation was completed on December 4, 2004.

The representative director of the company of this case is the plaintiff, the corporate registration number is H, and the business registration number is I.

The head office of the company of this case is Dobong-gu Seoul Metropolitan Government B.

On the other hand, on July 10, 2007, the Plaintiff established a company with the trade name F Co., Ltd., Ltd., and held office as the representative director.

The corporate registration number of the company is J, and the business registration number is K.

(hereinafter referred to as the “new company”). The head office of the new company is also Seoul Dobong-gu Seoul Metropolitan Government.

B. Since April 1995, the instant company obtained permission for use and profit-making of the instant land from the Defendant for use and profit-making (the period of use, May 12, 1995; 77,313,750 won), and used the said real estate as a parking lot and its appurtenant facilities.

C. The Defendant’s form and details of imposition of unpaid usage fees and late payment charges (i) the Defendant’s total amount of KRW 196,207,000 (135,363,000, 2000, 3,643,000, 2000, 57,201,000, 207, and 2000, on the ground that the fact that the usage fees for State property was partially collected due to administrative error, etc. on July 9, 2008 and 2007 was confirmed as a result of audit and inspection.

) A prior notice was given to the effect that the additional collection is expected (hereinafter “the prior notice”).

(2) The Defendant is between October 6, 2008 and November 6, 2012.