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(영문) 인천지방법원 2017.06.22 2016구합1480
부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff (former: C) is a corporation established on June 9, 2014, through the acquisition of 18,000 shares by C&T Co., Ltd. and 160,000 shares per share (5,000 shares per share) and D Co., Ltd. (hereinafter “D”) that the Defendant planned the establishment.

On July 1, 2014, the Plaintiff was invested in KRW 100 million (investment rate of 10.10%) from Colombia Capital (COLUBA CAPITAL INC) which is a Canadian enterprise and received a certificate of foreign-capital invested company registration in accordance with Article 21(1) of the Foreign Investment Promotion Act.

B. On June 17, 2014, the Defendant, under the Public Property and Commodity Management Act (hereinafter “Public Property Act”), issued a public announcement of the Incheon Free Economic Zone Authority with respect to E, which is public property, “E facility introduction and public offering for the entrustment of management of the camping site (hereinafter “instant public offering”). As to the entrustment of management of the camping site 32,00 square meters (hereinafter “instant camping site”), the Defendant planned the period of entrustment to be three years, annual user fee of KRW 380 million (excluding value-added tax; hereinafter the same shall apply) and suggested the following conditions of entrustment of management.

Article 3 (Duties of Trustee) (1) A trustee shall comply with the Act on Urban Parks, Greenbelts, etc., the Incheon Metropolitan City Ordinance on Urban Parks, Green Areas, Green Areas, Etc., and the conditions of entrustment of management in managing and operating camping grounds, and shall comply with the direction of the Economic Administration (Defendant), such as an order or disposition.

Article 4 (Restrictions on Action of Trustee) No trustee shall assert any interest in the entrusted property after the rent, nor shall he/she do any of the following acts without approval of the Ministry of Finance and Economy:

2. Where the sub-lease or transfer of right to the property managed or entrusted falls under any of the following subparagraphs, the entrustment of administration may be revoked at any time on the whole or part of the facilities entrusted with administration:

6. The trustee.

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