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(영문) 춘천지방법원강릉지원 2015.10.08 2015구합1770
변상금부과처분취소
Text

1. The disposition imposing indemnity against the Plaintiff on September 30, 2014 is revoked.

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

Reasons

1. Details of the instant disposition

A. On January 30, 1997, the Plaintiff entered into an agreement on a tourist facility project (hereinafter “instant agreement”) with respect to land owned by Yangyang-gun, Yangyang-si, Yangyang-gun, Yangyang-gun, 399-18, 399-19, 399-20, etc. (hereinafter “instant public property”), as follows:

The resolution of the local council is necessary for the acquisition of important property under the Local Autonomy Act, and the Yangyang-gun did not go through the resolution of the Yangyang-gun in concluding the agreement of this case which includes the contents of donation of permanent buildings at the time.

1. The Yangyang-gun loaned part of the public property of this case to the Plaintiff so that the Plaintiff may install and operate the facilities. The Plaintiff completed the installation of facilities on a part of the public property of this case, and then donated buildings permanently to Yangyang-gun within a certain period of time, and the other facilities shall be installed upon permission under the condition of voluntary removal. The other facilities may be used free of charge for a certain period of time under the relevant Acts and subordinate statutes.

(2) On February 2, 200, the Plaintiff shall pay to Yangyang-gun a business performance guarantee amounting to 6% of the cost of the facility investment project based on the basic business plan to cash or a surety insurance policy when concluding a loan contract, and shall pay a loan calculated in accordance with the Enforcement Decree of the Local Finance Act and the Ordinance on

(4) 3. The plaintiff shall manage the leased facilities from Yangyang-gun as a good manager, and enter into a non-life insurance contract to compensate for the damage to all facilities, such as fire insurance, etc., and conduct a regular inspection once a year.

(Article 10. 4. When the plaintiff intends to manage and operate the division, he shall obtain prior approval from the Yangyang-gun.

(Article 11). 5. Yangyang-gun shall enter into an agreement.

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