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(영문) 의정부지방법원 2017.11.14 2016구합10089
사용료 소급분 부과처분 취소
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. A. Around September 2008, the Defendant established for the purpose of the construction, management, etc. of railroad facilities: (a) around 133 square meters of one-story commercial building in the border line B basin (hereinafter “instant commercial building”); (b) notified the public announcement of the selection of beneficiaries of State-owned property; and (c) on October 30, 2008, the Plaintiff was selected as the highest successful bidder in the bidding procedure and obtained permission for the use and profit-making as follows from the Defendant.

Article 2 (Period of Use) The period of use of the conditions of permission shall be from November 1, 2008 to October 31, 201.

Article 3 [User Fee] One-year user fee (from November 1, 2008 to October 31, 2009) is 27,445,000 won (including surtax).

Provided, That in the case of land, the user fee shall be determined and notified every year on the basis of the value of each year calculated pursuant to Article 26 (2) 1 of the former Enforcement Decree of the State Property Act (wholly amended by Presidential Decree No. 21641, Jul. 27, 2009).

Article 14 (Return of Property to be Used) When the period of use expires or when the property to be used is returned due to cancellation of permission, it shall be returned in the presence of the defendant's staff.

In the event of failure to perform the obligations under Article 14, the employee of the proviso of Article 15 [Collection of Fees in the event of failure to perform the obligations under Article 14] shall continue to collect the fees, and when the defendant has restored the original state, the employee shall bear

B. Since November 1, 2011, the Defendant, on September 12, 201, imposed a total of KRW 143,483,119 on the Plaintiff for the period from November 1, 201 to October 31, 2016 (hereinafter “instant disposition”), and notified the Plaintiff that the instant commercial building will be restored to its original state and returned upon the arrival of October 31, 2016, when the end of the final permission for use arrives.

[Ground of recognition] The fact that there is no dispute, and there are evidence Nos. 1 through 6 shall be included in the number, below.

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