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(영문) 광주지방법원 2015.09.10 2015구합10438
사업실적 평가 결과에 따른 임대료부과처분 취소 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an enterprise for which a permit for occupancy has been granted pursuant to the Act on Designation and Management of Free Trade Zones (hereinafter “Free Trade Zones Act”), and is a company that leases and uses part of the facilities behind the main harbor container located in the Gwangjuyang-do and active-dong area designated by the Defendant as a free trade zone.

The defendant is a corporation established on August 19, 201 in accordance with the Port Authority Act for the purpose of developing and managing harbor facilities in the opticalyang Port, efficient operation, etc., and is in charge of the management and operation of the above optical Port Port Authority's hinterland area.

In order to efficiently manage and operate the container wharf, the Korea Container Terminal Authority is a corporation established under the former Korea Container Terminal Authority Act (amended by Act No. 10628, May 18, 201; hereinafter the same shall apply).

B. On November 15, 2010, the Plaintiff and the Plaintiff entered into a sub-lease contract with the Korea Container Terminal Corporation (hereinafter “the instant real estate”) with a warehouse (including 6,927 square meters at the first floor and site) and an office (including 691 square meters at the same site of the 3rd floor Yellow Water Logistics Center; hereinafter “the said warehouse and office”) from the State (hereinafter “each of the instant real estate”), which are State property leased by the said Corporation from the State under Article 19 of the former Korea Container Terminal Corporation Act.

C. On August 19, 201, the Plaintiff and the Defendant’s lease agreement were invested by the State pursuant to Article 6 of the Port Authority Act, and comprehensively succeeded to the Korea Container Terminal Authority pursuant to Article 3 of the Addenda of the Korea Container Terminal Authority Act (Amended by Act No. 10628, May 18, 2011; Act No. 10628, Aug. 19, 201); and on January 1, 2013, the Plaintiff and the Defendant respectively of the instant real estate for 30 years from the date of entering into the contract (three years from the date of entering into the contract); the contract period from April 1, 2013 to December 31, 2015.

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