logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.26 2017구합50094
공유재산 사용료부과처분취소 청구
Text

1. On October 18, 2016, the Defendant imposed a public property fee on the Plaintiff on KRW 4,439,610, out of KRW 1,479,870.

Reasons

1. Details of the disposition;

A. On November 8, 2011, the mobilization Soraco Co., Ltd. (hereinafter referred to as the “Mobilization Soraco”) entered into an agreement with the Defendant on investment in the construction of solar power plants with the following content (hereinafter “instant agreement”). On December 29, 201, it obtained a license for the electric generation business from the Standing Do Governor on December 29, 201.

Article 3 (Contents of Business) (2) Common application of the Project

1. Project period: Article 7 (User Fee) (1) of the Decision on Donation after leasing 20 years from the start date of commercial operation (referring to the “report on commencement of business” as stipulated in Article 9(4) of the Electric Utility Act and Article 8 of the Enforcement Rule of the same Act) (1) shall be determined based on the Ordinance on the Management of Public Property and Commodity and the Ordinance on the Management of Public Property and Industrial Property

Provided, That if the scale of business is changed, it shall be adjusted through mutual consultation.

- User fees = officially announced amount of land 】 usage rate 】 usage rate 】 usage rate 】 The three-dimensional use low-level use rate shall be 10/100, and the three-dimensional use low-level use rate shall be 1/5.

(2) The rent shall be paid in advance once by December 30 of each year for the relevant following year.

Provided, That the rent for the first year shall be paid within 60 days from the commencement date on a daily basis.

(3) In the event of arrears of the rent, arrears shall be paid by adding arrears to the fee in arrears from the date on which the payment deadline expires under Article 80 of the Public Property and Commodity Management Act.

(4) Annual rent for each power plant shall be paid to the subordinate group by the mobilized Doco at the request of the subordinate group.

(5) In principle, annual user fees for each power plant shall be calculated as the appraised value.

(The amount of appraisal shall be included in the usage fee).

On January 31, 2012, the Plaintiff (formerly: Soraco No. 2 solar power plant, Co., Ltd.) was established as a special purpose corporation of the mobilization Soraco, and comprehensively succeeded to the rights and obligations of Soraco pursuant to the instant agreement, and on May 4, 2012, the Defendant’s “Woraco Co., Ltd., Ltd.” on the line-ro 24 reinforced concrete slab 12.

arrow