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(영문) 창원지방법원 2017.08.22 2016구합53386
재산세등부과처분취소
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 is a project implementer of the project behind the Busan New Port Development Terminal Site (hereinafter “instant project”) that is implemented for the Gangseo-gu Busan Metropolitan City, Songdong-dong and the Yongsan-gu, Gangseo-gu, Busan Metropolitan City (2,697,801m2, and 385,653m2).

B. 1) With respect to the implementation of the instant project, the Plaintiff is the Busan Metropolitan City Urban Development Corporation on June 27, 2001 (hereinafter “Seoul Urban Development Corporation”).

(i)the implementation agreement with the State (hereinafter referred to as the “instant agreement”)

Article 3 (Entrustment of Tasks) (1) The PNC (hereinafter “Plaintiff”) shall entrust the development of the hinterland site to the BUDCO (hereinafter “BUCO”) pursuant to Article 38(2) of the concession agreement. <2) The Busan Urban Corporation shall create a hinterland site at its own effort and expense, and the Plaintiff shall sell the hinterland site created by the Busan Urban Corporation to the Busan Urban Corporation as the amount equivalent to the land supply price under Article 8 to the Busan Urban Corporation. <3> The Busan Urban Corporation shall sell the hinterland site purchased from the Plaintiff to the end user of the hinterland site and recover the investment cost, etc. <4 With respect to the implementation of the hinterland site project, the Plaintiff shall have the rights and duties of the Plaintiff as the project operator, and the Plaintiff shall perform substantial duties, such as financing and development for the implementation of the hinterland site project.

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