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(영문) 광주지방법원 2015.08.27 2015구합10551
항만시설사용료부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of managing and operating port facilities.

B. According to the implementation of the terminal operating company’s system that leases a State’s port facility, a port facility, a port facility operator, etc., to a private wharf operating company (Terminal, TOC) solely for autonomous operation, the Defendant, who is the State’s operator, designated the Plaintiff as the operator of the port facility “Pagbbs (64boards),” around 2009, as the Plaintiff’s operator of the port facility (hereinafter “instant wharf”).

C. On September 2009, the Plaintiff selected as the operator of the instant wharf entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, and set the lease term as five years from May 11, 2008 to May 10, 2013 (hereinafter “the instant lease agreement”) on the instant wharf facility (hereinafter “instant lease agreement”) with the Defendant, 45,898,000 square meters in a camping place, 15,432 square meters in a passage, 7,200 square meters in a building site (entry roads), and 30,000 square meters in a building site (250 square meters in a building site).

The main contents of the instant lease agreement are as follows, and the instant lease agreement was renewed on May 10, 2013, and the term of lease was extended for five years until May 10, 2018.

According to the implementation of the wharf operating company for the instant wharf, a lease agreement between the Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”)’s representatives on the management and operation of harbor facilities of the instant wharf is concluded as follows:

Article 2 (Lease Period) (1) The lease period of a facility referred to in Article 1 shall be from May 11, 2008 to October 10, 2013 (five years).

(2) B may request A to renew the lease period by not later than three months before the expiration of the lease period, if it is intended to extend the lease period.

In such cases, A shall comply with the request of B, except where there is no cause for termination of the contract under the provisions of Article 14 of the Lease Contract or where the substantial simplification has not been achieved.

Article 3. Rent.

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