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1. Of the instant lawsuit, the part demanding the revocation of the notice of the payment of rent by February 8, 2012 shall be dismissed.
2. The plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a multi-family multi-family house with three floors of the third floor roof of the brick structure B in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”).
B. The Defendant, a public property owned by the Seoul Metropolitan Government, concluded a loan agreement with the Plaintiff on the instant land from around 1990 to 2012 as the managing authority of Yeongdeungpo-gu Seoul Metropolitan Government 5.4 square meters (hereinafter “instant land”).
C. Since the Plaintiff paid rent of KRW 182,250 for the year 201, the Defendant did not pay rent for the year 2012. Based on Article 32 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), the Defendant issued a notice of the payment of rent of KRW 215,690 for the year 2012 (hereinafter “instant notice of payment”), based on Article 81 of the Public Property Act, imposed indemnity of KRW 226,800 for the indemnity of February 12, 2015 (the period of occupation from January 1 to December 31, 2013), and imposition of indemnity of KRW 24,940 for the period of occupation and use of indemnity of KRW 31 March 31, 2015 (the period of occupation and use of indemnity of KRW 1 to December 31, 2013).
[Ground of recognition] Evidence Nos. 3, Eul Nos. 6, 7, 10, and 11 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. Loaning miscellaneous property, which is public property, by the Special Metropolitan City Mayor, Metropolitan City Mayor, or the head of a Si/Gun/Gu who has been delegated with the authority to manage and dispose of public property by the Governor pursuant to Articles 14(1), 28(1), and 32(1) of the Public Property Act regarding the claim for cancellation of the instant notice of payment, cannot be deemed an administrative disposition by an administrative agency as the subject of public authority, and the notification of rent for miscellaneous property, which is public property, constitutes a claim for performance under private law and cannot be deemed an administrative disposition.