(영문) 창원지방법원 2015.11.24 2015구합422

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(영문) 창원지방법원 2015.11.24 2015구합422

항만시설전용사용허가거부처분취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On September 5, 2002, the Defendant’s Intervenor obtained permission from the Defendant to implement a non-management authority’s harbor work on the 5th port sub-paragraph of the Msan Port located 490, Seowon-si, Sungwon-si, for the construction of a logistics center on the 5th port sub-harbor site, and completed on December 29, 2006. The Defendant’s Intervenor reverted to the State the ownership of the port facilities developed by the said construction pursuant to Article 15(4) and the main text of Article 15(1) of the Harbor Act (hereinafter “instant harbor facilities”). After the Defendant’s Intervenor acquired the right of free use of the instant harbor facilities within the scope of the total project cost on February 28, 207.

B. On December 13, 2007, the Plaintiff entered into a contract with Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”) on the operation of the steel storage with the purport that Samsung Heavy Industries will perform the work of loading, unloading, storage, sorting, and loading of cargo that the Plaintiff requests in the instant harbor facilities.

C. On March 10, 2008, the Plaintiff entered into an agreement with the Defendant’s Intervenor on mandatory storage and selective service (hereinafter “instant agreement”) and the loan agreement (hereinafter “instant loan agreement”). The key contents are as follows.

Article 1 [Purpose of Contract] The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the Defendant Intervenor in relation to the custody of the steel materials for which the Defendant Intervenor was requested to keep from Samsung Heavy Industries in the site of the instant harbor facilities (a total area of 30,273 square meters, and a site designated as a bonded area by the Korea Customs Service and for which the Defendant Intervenor was exclusively entitled to use; hereinafter “logistics center”).

Article 2 【Contract Term】

1. The term of the contract is from January 1, 2008 to December 15, 2022.

Article 3 [Custody Fees and Screening Fees]

1. Storage fees are KRW 2,500 for lectures that the Plaintiff entered into the Logistics Center.

참조조문

-항만법 제15조 제4항

유사 판례

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-창원지방법원 2015.11.24.선고 2015구합422 판결

-서울고등법원 2014.06.13 2013나2012257

-서울중앙지방법원 2013.06.13 2012가합518090

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