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(영문) 부산고등법원 2019.07.26 2018누23565
변상금 부과 처분 등 무효 확인
Text

1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the lawsuit falling under the above revoked part shall be dismissed.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 5, 11, and Eul evidence 1 (including branch numbers; hereinafter the same shall apply), by integrating the whole purport of the pleadings.

On February 29, 2016, the Defendant: (a) was a local public enterprise entrusted by the Ulsan Metropolitan City Mayor to manage profit facilities (hereinafter “profit facilities of this case”) in the Ulsan-gu Incheon Metropolitan City Incheon Metropolitan City, which is the public property (general property) on the public property and Commodity Management Act (hereinafter “Public Property Act”); and (b) concluded a loan agreement with E and the instant profit facilities on February 29, 2016.

B. After that, around April 2016, E obtained approval from the Defendant to change the operating entity of the instant beneficial facilities, and transferred the right to the instant beneficial facilities to the Plaintiff. Accordingly, on April 15, 2016, the Defendant concluded again a loan agreement with the Plaintiff on the instant beneficial facilities (hereinafter “instant loan agreement”).

C. However, the Ulsan Metropolitan City audited the loan, management, operation, etc. of revenue facilities of this case, and requested the Defendant to take measures such as revocation of the above change approval and termination of the instant loan agreement on February 21, 2018.

Accordingly, on March 13, 2018, the Defendant revoked the above modified approval and notified the Plaintiff that the instant loan agreement will be terminated (hereinafter “instant notification”), and the details thereof are as follows.

Title: Revocation of approval to change the management authority of public property and notification of cancellation of contract;

1. In relation to the Ulsan Metropolitan City Inspector-2237 (O. 21, 2018), I received a request to revoke approval and to terminate the contract, as the result of the investigation into the Ulsan Metropolitan City and Ulsan Metropolitan City that entered into between E and B is subject to transfer or acquisition.

2. In this regard.

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