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(영문) 수원지방법원 2017.07.12 2017구합61912
공유재산사용료(임대료) 부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

On March 5, 2014, the Director of Pyeongtaek-si Port Support Project: (a) made a public announcement of the permission for use and benefit (No. 1; hereinafter “instant public announcement of tender”) on a duty-free shop of 307.92 square meters and office 133.43 square meters (hereinafter “instant duty-free shop”); (b) on March 18, 2014, the period of permission for use and benefit (excluding value-added tax; hereinafter the same shall apply) was determined as KRW 1,819,99,000 for the Plaintiff, a successful bidder, until December 30, 2016; and (c) made the permission for use and benefit of the instant duty-free shop (hereinafter “instant first-free permission for use and benefit”).

At the time of the permission to use and make profits from the first passenger ship in this case, five Chinese shipping lines entered 14 times a week (3 times a week, 14 times a week, 3 times a week, 14 times a week, 200, and 174 times from August 4, 2014 to December 14, 2014, and 174 times from April 27, 2015 to December 28, 2016 by the large-scale mountain passenger ships entered into the port. However, the large-scale mountain passenger ships entered the port from February 3, 2016 to December 143, 2016 due to an explosion during their repairs.

On November 17, 2015, the Plaintiff requested the relevant authorities, including Gyeonggi-do, to reduce the annual fee of duty-free shops on the grounds of the suspension of the operation of passenger ships and the reduction of users due to the Marman situation, etc.

On April 28, 2016, the Defendant decided to reduce KRW 259,99,850 among the duty-free shops usage fees in 2016 after deliberation by the Public Property Deliberation Committee (Evidence A9), and notified the Plaintiff on May 4, 2016, that on May 4, 2016, the Defendant decided to reduce the above KRW 259,99,850 from the duty-free shop usage fees in the second quarter of 2016.

(Evidence Nos. 6-1, 2, and 7 of A). On November 4, 2016, the Defendant again issued the Plaintiff with the annual fee of KRW 1,795,838,00, and the period between the granting of the permission for use and profit-making at the instant duty-free shop for two years from January 1, 2017 to December 31, 2018.

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