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(영문) 부산지방법원 2019.05.24 2019구합20915
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On November 2010, the Plaintiff participated in the bid for the parking lot B (hereinafter “instant parking lot”) publicly announced by the Busan Traffic Corporation, and was designated as a successful bidder. On December 18, 2010, the Plaintiff entered into a lease contract with respect to 8,232 square meters out of 104,630 square meters in the Busan Traffic Corporation and the instant parking lot, and 6,622.85 square meters in the total area of 14,85 square meters in the area of 16,70 square meters in the area of the miscellaneous land owned by the Defendant, which is a site for the instant parking lot, and operated the said parking lot.

On December 13, 2013, the Plaintiff participated in the instant parking lot rental bid publicly announced by the Busan Urban Transit Authority and designated as a successful bidder. On December 13, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Busan Urban Transit Authority and the instant parking lot, setting the contract amount of KRW 1.26 million (including additional taxes) and the contract term (lease term) for three years from January 18, 2014 to January 17, 2017.

According to the instant lease agreement, the hours of the instant parking lot shall be 24 hours, and parking fees prescribed by the Ordinance of the local government of the Busan Metropolitan City pursuant to Article 14(2) of the Parking Lot Act shall apply, in cases falling under any subparagraph of Article 3-2(1) of the Busan Metropolitan City Ordinance on the Installation and Management of Parking Lots, parking fees shall be exempted or reduced, and in cases falling under Article 14(2) of the Parking Lot Act, parking fees

On the other hand, the installation and relocation and enlargement of the facilities necessary for the operation of the instant parking lot from the electricity charging point of the leased facilities to the electricity supply facilities were determined to be installed at the cost of the Plaintiff.

The Defendant received the management right of 6,622.8 square meters (hereinafter “instant land”) of the instant parking lot from among the 16,700 square meters of the land of the instant parking lot owned by the Defendant, which was delegated to the Busan Urban Transit Corporation on December 29, 2016, and thereafter on December 29, 2016, the 6,02.3 square meters of the instant land among the instant land.

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