(영문) 전주지방법원 2018.10.24 2018구합613

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.10.24 2018구합613

관리위탁계약해지 및 사용ㆍ수익허가취소처분취소청구

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. On May 4, 2017, the Plaintiff was selected as a trustee in a bid for the selection of an entrusted manager of the Ctephaec (hereinafter “the instantmecacacacacacacacac”), and the Defendant entrusted the management of the instant tephacacacacac, and approved the entrustment of management (hereinafter “instant permission”).

B. When granting the instant permission to the Plaintiff, the Defendant added the conditions of permission to the Plaintiff, and the key contents are as follows.

Article 2 (Period of Use) (1) The period of entrustment of management of permitted facilities shall be from May 4, 2017 to December 31, 2020.

Provided, That the contract period shall include the construction period for business, such as interior and outside interior interior materials, etc.

(2) No trustee may request an extension of contract period for new facilities investment and performance of contract terms, etc.

Article 3 (Calculation of Commission Fees) (1) The commission fees for the first year shall be KRW 241,00,000 (including additional taxes) for the highest bid price, and the commission fees for the second year shall be calculated and imposed as follows in accordance with Article 31 of the Enforcement Decree of the Public Property and Commodity Management Act:

(2) The property price of the year concerned / the property price at the time of bidding shall be based on the standard market price under the Local Tax Act before the beginning of each year.

Article 4 (Payment of Commissions, etc.) (1) The first year commissioning fees shall be paid before the date of commencement of use, and from the second year, it shall be paid in full after obtaining a payment notice from January 1 of each year to 30 days before the date of commencement of a contract in the second year.

(4) Where a person fails to pay an entrustment fee by the designated date even after having received a reminder on at least three occasions due to the unpaid payment of the entrustment fee, permission shall be deemed waived and permission shall be deemed null and void, and the contract bond already paid shall revert to the person in accordance with the relevant Acts and subordinate statutes and the relevant

Article 5 (Collection of Facility Usage Fees and Admission Fees)

참조조문

-공유재산 및 물품 관리법 시행령 제31조

-지방세법

유사 판례

-전주지방법원 2019.04.25 2018구합3162

-서울남부지방법원 2018.01.23 2017가단210918

-수원지방법원 2016.06.15 2016가단5197

-인천지방법원 2020.07.07 2019가단260462

-서울남부지방법원 2018.06.22 2015가합102645