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(영문) 인천지방법원 2017.05.11 2016가합55857
실시협약해지무효확인
Text

1. The Plaintiff (Counterclaim Defendant) is with respect to the miscellaneous land 2850-6 Miscellaneous land in Jung-gu, Incheon, Jung-gu, Incheon, and 6717.8 square meters.

Reasons

Basic Facts

The plaintiff is a corporation for the purpose of the building management business, and the defendant is a corporation established by the Incheon International Airport Corporation for the efficient construction, management, and operation of the Incheon International Airport.

On July 31, 200, the Plaintiff concluded a concession agreement with the Defendant (hereinafter “instant concession agreement”) with the content that the Plaintiff would make a return to the Defendant while operating and managing the business facilities (B4) of the Incheon International Airport (hereinafter “instant land”) on the leased land of 2850-6 Miscellaneous land in Jung-gu, Incheon, Jung-gu, Incheon (hereinafter “instant land”).

Then, the Plaintiff and the Defendant modified the above concession agreement on five occasions by November 9, 2009, while entering into a lease agreement on the instant land (hereinafter “instant lease agreement”) around March 2004. The details of the amended concession agreement and the lease agreement relating to the instant case are as follows.

The purpose of this Convention is to enter into an agreement on necessary matters between the public corporation and the project implementer in implementing the Incheon International Airport Business Facility Project (B4) in accordance with the Seoul International Airport Construction Promotion Act (hereinafter referred to as the "New Airport Construction Promotion Act"), the Incheon International Airport Corporation (hereinafter referred to as the "Corporation Act"), the Aviation Act, and the master plan for the project for attracting international business investment in the Incheon International Airport (hereinafter referred to as the "master plan")

Article 13 (Land Use Fee) (1) During the period of land use stipulated in Article 11 of the Convention, the Plaintiff shall pay as annual land usage fee the amount calculated by multiplying the officially announced land price of the relevant land by 50/100 of the minimum usage rate in other cases prescribed by applying mutatis mutandis Article 26(1)3 of the Enforcement Decree of the State Property Act (VAT separate).

Provided, That where the relevant provisions of the State Property Act are amended and the standards for land use fees are changed, such provisions shall apply mutatis mutandis.

Article 29-1 (Payment of Performance Guarantee) (1)

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