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(영문) 서울남부지방법원 2018.01.23 2017가단210918
부당이득금
Text

1. The Plaintiff’s obligation to pay user fees for the year 2017 against the Defendant for Guro-gu Seoul Metropolitan Government Neighborhood Living Facilities 1 is 22,338.

Reasons

1. Basic facts

A. On February 12, 2016, the Defendant permitted B to use and benefit from the neighborhood living facilities described in paragraph (1) of the Disposition No. 1 (hereinafter “instant store”), which are public property, for a fee of KRW 217 million per annum, and for a period of permission from February 15, 2016 to December 31, 2020, the Defendant permitted B to use and benefit from the use of and benefit from the facility as follows.

Article 5 (Calculation of Usage Fees) (1) The user fees for the first year shall be imposed by the highest bid price (successful bid price), and the user fees for the second year after the second year shall be calculated and imposed annually as follows, in accordance with the relevant statutes

1. The calculation of user fees after the second year: (The value of the first year that is determined by a tender) X (the value of the property assessed in the year of the appraisal by hand) ¡À (the value of the property assessed at the time of bidding) the value of the property assessed shall be applied to the value of the property assessed by the appraisal agency requested by the contracting agency; and the time when the value of the property assessed shall be January 1 of each year.

Article 6 (Payment of Fees, etc.) (1) User Fees for the first year shall be paid before the date of commencement of use, and it shall be paid in full by receiving a payment notice for one year from the date on which the first date of commencement of use falls after the second year.

B. On May 25, 2016, the Defendant changed the use and profit-making permission from B to the Defendant following the change of the user of the store in this case.

C. The written permission for use and profit-making with respect to the instant store is indicated as the area permitted to use the instant store is 350.13 square meters, the area for exclusive use by its occupant is 251.05 square meters, and the area for public use is 9.08 square meters.

However, the details of the lease area calculation of the instant store that the Plaintiff delivered to the Defendant around February 2017 are indicated as the net exclusive area of 196.08 square meters among the permitted area of 350.13 square meters, 54.97 square meters for exclusive use (hereinafter “instant exclusive use area”), and the common area of 9.08 square meters.

E. On the other hand, A shall be the electrical room, power generator room, and machine room for the main purpose of use, such as camping games, and the instant case.

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