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(영문) 서울중앙지방법원 2017.12.12 2017가단5144508
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 1, 2010, the Defendant, the owner of each land listed in the separate sheet (hereinafter “instant land”) and the Defendant, the owner of a facility, determined the permission period from January 1, 2010 to December 31, 2014, and thereafter, the said permission period was changed from May 1, 2010 to April 30, 2015.

B. On February 5, 2015, the Plaintiff, who used the said facility, applied for renewal of permission to use the said facility to the Defendant on February 5, 2015. On August 24, 2015, the Defendant renewed permission to use the said facility from May 1, 2015 to April 30, 202.

C. The Defendant, on the ground of Article 34(2)2 of the Enforcement Decree of the State Property Act, issued a notice to the Plaintiff on July 30, 2015, by setting the usage fee for the first year of the renewed year after applying the publicly announced individual land price as of May 29, 2015 = 403,06,40 won (251,436,260 won) of the year immediately preceding the renewed year x [4,137,076,240 won) calculated according to the publicly announced individual land price as of May 29, 2015] x (property value (2,580,743,450 won) of the relevant year calculated according to the publicly announced individual land price as of May 29, 2015). The Plaintiff paid it to the Plaintiff at that time.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1-3, Gap's evidence 4-1, 2, and Gap's evidence 5-6, and the purport of the whole pleadings

2. Assertion and determination

A. As of May 1, 2015, the Defendant notified the Plaintiff that the permission for use of the instant land, etc. was renewed. At the time of determining the value of the land for calculating the usage fees of the land under Article 29(2)1 of the Enforcement Decree of the State Property Act, the officially assessed individual land price at the time of determining the value of the land should be applied, as stipulated in the aforementioned Act and subordinate statutes, so it should be calculated based on the officially assessed individual land price announced before May 1, 2015.

Nevertheless, the defendant was decided and published on May 29, 2015, not on May 1, 2015.

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