(영문) 서울행정법원 2015.03.27 2014구단16883

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(영문) 서울행정법원 2015.03.27 2014구단16883

변상금부과처분취소

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 December 24, 2012, the Plaintiff obtained permission for the use of public property (use period: from December 5, 2012 to December 4, 2015, under the following conditions from the Defendant as to the 1st floor Pacc for the building located in Yeongdeungpo-gu Seoul Metropolitan Government 71-2, Yeongdeungpo-gu, Seoul, as the 1st floor Pacc for the second floor Pacc for the building (hereinafter “instant Pacc”) located in the same 70-8, such as the 1st floor Pacc for the second floor Pacc for the building located in the same 71-2, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Article 3 (Period of Use and Benefit of Public Property) (1) The period of use shall be from December 5, 2012 to December 4, 2015 (three years).

(2) The Han River Project Headquarters in Seoul Special Metropolitan City (hereinafter referred to as the " Han River Project Headquarters") may extend the period of permission where a business operator falls under any of the following cases:

In such cases, the period of permission to be extended shall be the scope of the period during which it cannot be used or used due to the following grounds:

1. Where damage is caused by a natural disaster or other disasters;

2. Where any restriction is imposed on the use of property due to a cause attributable to a local government, the user fee under Article 4 (1) (1) shall be 66,00,000 won for the first year and be paid in advance before the use is made;

Provided, That in calculating a monthly amount, the number of days less than one month shall be calculated on a daily basis.

(2) The second to third years shall be imposed after adjusting the usage fees for the relevant year based on the usage fees for the first year.

Article 5 (Payment and Refund of Fees) (1) The business operator shall pay user fees within the deadline for the payment notice issued by the Han River Business Headquarters, and if he/she fails to pay them by the deadline for payment, he/she shall pay the user fees by adding the overdue charge to the relevant user fees pursuant to Article 80 of the Public Property and Commodity Management Act (hereinafter "Public Property Act")

(2) No business operator shall claim the refund of user fees paid during the period of use.

Provided, That if a business operator fails to use it due to the following reasons, the remaining period of use:

참조조문

-물품관리법 제80조

-물품관리법 시행령 제80조

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