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(영문) 서울고등법원 2021.03.18 2019누38252
관리위탁료 부과처분 일부취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is rendered on June 18, 2018 in the judgment of the court of first instance.

Reasons

Details of the disposition

A. The plaintiff is a corporation established on August 23, 200 for the purpose of parking lot facilities and maintenance business, etc., and is running the above business in Yangcheon-gu Seoul Metropolitan Government.

B. The defendant (former title: the Seoul Special Metropolitan City Facilities Management Corporation) is a local government public corporation established pursuant to Article 76 of the Act of Local Public Enterprises and the former Ordinance on the Establishment of the Seoul Facilities Management Corporation (Seoul Special Metropolitan City Ordinance No. 1794, August 17, 1983).

On June 28, 2016, the Defendant entered into an agreement with the head of Seoul Special Metropolitan City on the entrustment of management and operation of public parking lots by the Seoul Special Metropolitan City Mayor (hereinafter “instant entrustment agreement”).

(c)

On September 13, 2016, pursuant to Articles 8 and 13 of the Parking Lot Act and Article 10 of the Seoul Special Metropolitan City Ordinance on the Installation and Management of Parking Lots (hereinafter referred to as the “Ordinance of the Parking Lot”), the Defendant issued a public announcement of the Seoul Special Metropolitan City Facility Management Corporation C in order to entrust the management of the public parking lot in Seoul Special Metropolitan City.

According to the above public announcement, 43 units in the 6th parallel area of Gangnam-gu and 31,744 units in the 4th parallel area of the 6th parallel area of Gangnam-do and the 31,744 units in the 4th parallel area of the 4th parallel area of the 6th parallel area of Gangwon-do are subject to the selection of an entrusted business entity, and the period of entrustment is three years (from November 1, 2016 to October

(d)

The Plaintiff was awarded a successful bid in KRW 4,736,70,000 (the price of the public notice is KRW 4,609,035,000 for the said KRW 4,609,000) for a 353 division of parking lots and 14 parking lots outside the Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant parking lot”).

On October 4, 2016, the Plaintiff and the Defendant concluded the “the above consignment management contract for the public parking lot in the area E-gu Seoul Special Metropolitan City, Gangwon-gu Seoul Special Metropolitan City for the public parking lot” with the content that the period of entrustment would be from November 1, 2016 to October 31, 2019, with the Plaintiff’s management trustee (party to a contract) as the truster for management, the Defendant as the agent for the Defendant, and the Plaintiff’s management trustee (party to a contract).

E. Afterwards, the Plaintiff and the Defendant.

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