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(영문) 부산지방법원 2020.01.09 2019구합23334
변상금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 58,797,770 of indemnity against the Plaintiff on August 5, 2019 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 15, 2018, the Defendant was delegated by the Minister of Agriculture, Food and Rural Affairs with the administrative affairs of state property under the jurisdiction of the Ministry of Agriculture, Food and Rural Affairs, and designated B as a custodian of livestock products of the quarantine warehouse located in Gangseo-gu Busan Metropolitan City (land 11,366.8 square meters and buildings 3 2,624.02 square meters or less, hereinafter “instant State property”) (from January 1, 2019 to December 31, 2020).

Terms and conditions of permission (user fees) shall be KRW 457,510,000 per annum.

Provided, That user fees for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 14 (Return of Property Used) When the period for permission for use expires or the permission for use is revoked, the property used shall be returned in its original state.

Where an employee under Article 15 (Collection of Indemnification, etc.) continues to use or possess State property continuously after the expiration of the period for permission for use or the revocation of permission for use, he/she shall collect indemnity under Article 72 of the State Property Act, and where his/her employee performs his/her duty under Article 14, and the quarantine headquarters reinstates

B. On November 21, 2018, the Defendant: (a) determined the period of permission from January 1, 2019 to December 31, 2020 with respect to B; (b) granted permission to use State property of the instant case by means of public tender following general competition (hereinafter “instant permission to use”); and (c) granted the permission to use State property at the time of the preparation of the written permission to use the following details.

C. On April 9, 2019, the Plaintiff sought revocation of the permission for use of State property of this case to the Defendant, and sent “application, etc. for revocation of permission for use of State property” stating that he/she will resign as a custodian from June 10, 2019. Accordingly, the Defendant around April 10, 2019, designated as a custodian and the permission for use of the instant real estate.

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