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1. The plaintiff's permission to use and benefit from public property according to the permission to use and benefit from public property listed in the attached list.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a parking lot business under the trade name of “B,” and the Defendant is the owner of “D Visiting parking lot” located in Seoul Gangseo-gu Seoul Metropolitan Government C (hereinafter “D Visit parking lot”).
B. On September 9, 2013, the Director of the Small and Medium Enterprise Complex Project under the defendant issued a public notice of tender [the estimated price (the first year user fee of 204,877,200 won), October 14, 2013-- October 13, 2016] for the selection of a parking lot operator (the first year user fee of 204,87,200 won) along with the conditions attached to the permission for use and benefit (general special circumstances) on public property (the scheduled period of permission of 327,630,000 won was determined as the successful bidder on September 25, 2013) and submitted to the defendant the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "Seoul Guarantee Insurance") and the contract performance guarantee insurance contract (the scheduled period of permission of use and benefit of 10,000 won from October 13, 2013, which was issued with the insurance policy as public property from October 16, 2013).
C. The main contents related to this case among the general conditions and special conditions of the permission of use and benefit of the public property of this case are as follows.
The user fee from the second year of the General Conditions shall be calculated by the following formula, and the provisions of Articles 14 and 31 of the Enforcement Decree of the Public Property and Commodity Management Act shall apply mutatis mutandis to all matters according to the calculation of user fees:
If a user desires to cancel a permission for use before two months, the user fee for the first year determined by a tender ± the value of the property at the time of tender ± the cancellation of permission for use, he/she shall submit an application for cancellation of permission for use.
Article 19 (Special Conditions) Where it is necessary to separately present matters concerning the management and operation of property, special conditions may be attached thereto.
Article 10 of the Special Conditions shall be the facilities.