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(영문) 서울행정법원 2021.01.13 2019구단74440
변상금부과처분취소
Text

1. The Defendant’s disposition of imposing KRW 731,132,060 on the Plaintiff on September 16, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff, through Nonparty C, who was the principal of B, was to remodel and newly construct the tennis court, etc. on the land of E, F, and G, the State-owned land in B (the Office of National Defense, the Office of Maritime Affairs, and the Office of Safekeeping: D) and to contribute it to the Republic of Korea.

B. On June 4, 2015, B principal of the school of the school of the school of the school of the Republic of Korea (the head of the personnel affairs division (welfare policy division) made a proposal for approval with the Plaintiff’s contribution to the instant table presented by the Plaintiff on the basis of Article 13 of the State Property Act and Article 20 of the Directive on the Management of State Property under the jurisdiction of the Ministry of National Defense.

The above proposal was accompanied by the letter of donation collection agreement prepared by the Plaintiff, the summary, budget requirements, design (n) “A school use plan prepared by the principal of the school,” respectively.

2) The terms and conditions of “the written agreement for the collection and payment of donations”: (a) according to the 8th page of the reply to the submission order of documents on August 25, 2020, B was sent by the chief of the legal office to ask questions on the law regarding the donation of the Nicebook and the permission for the use thereof; (b)

Administrative Matters:

1.In accordance with the provisions of this Agreement, measures and co-operation with respect to all business affairs relating to the collection and payment of contributions shall be subject to time;

-free site use permit, site civil engineering works, construction consultation, completion inspection, building registration and donation collection;

2. The State shall take measures to register the property of a facility, manage, and operate the facility, reflect the budget, etc. after donation and payment;

3.As soon as possible the result of approval for the payment of contributions and in cooperation with all matters concerning the notification within the due date and the commencement of provisional construction and supervision of construction works.

It is written “...”

3) On June 23, 2015, the Chief of Staff of H notified the principal of B of “the result of prior approval regarding the collection of donations between the Plaintiff and the B school”.

The review content meets the requirements prescribed by the relevant laws and regulations for the collection of donations (which is clear, terms, and conditions of donation).

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