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(영문) 서울행정법원 2019.10.16 2019구단59120
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running restaurant business and food beverage distribution business. The Defendant is a corporation entrusted with the business of administration and disposal of general property (including litigation affairs related to administration and disposal) among state property pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the State Property Act.

Loan charges during the loan period from December 26, 201 to December 25, 2012, KRW 62,701,00 on December 26, 2012 to December 26, 2012; KRW 65,29,670 on December 26, 2013 to December 26, 2013; or KRW 65,241,360 on December 26, 201 to December 25, 2014; and KRW 65,241,360 on December 26, 201 to December 26, 2015; KRW 65,981,560 on December 26, 2015 to December 26, 2016; and KRW 060 on December 25, 2016;

B. The Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the Defendant on December 26, 201, stating that “The term of the instant real estate loan agreement between December 26, 201 and December 25, 2016,” with the content that “the lease agreement between December 26, 2011 and December 25, 2016 (hereinafter “the instant lease agreement”) is to be determined annually, and the annual rent was determined as follows.”

C. On October 27, 2016, the Defendant sent to the Plaintiff, “On the ground that the term of the instant loan agreement has expired, the Defendant set a five-year renewal period (from December 26, 2016 to December 25, 2021), annual loan charges of KRW 252,187,670 (one-year loan charges from December 26, 2016 to December 25, 2017) to the effect that an application for renewal of the loan agreement can be filed.”

Therefore, the Plaintiff notified the Defendant of an application for renewal of the loan agreement at KRW 78,228,615, as the annual loan fee determined by the Defendant, and deposited only KRW 78,228,615 as the virtual account notified by the Defendant on December 23, 2016.

E. On December 27, 2016, the Defendant issued the instant real estate to the Plaintiff, on the ground that the Plaintiff did not pay the entire annual rent as determined by the Defendant, and thus, did not have renewed the loan agreement.

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