[행정처분취소][집7행,001]
A person who has obtained the right to use the State property and the right to appeal after the expiration of use.
Since the State-owned river site is a property for public use, it may not be disposed of unless the management agency discontinues its use and transfers it to the Commissioner of the National Tax Service.
Articles 18 and 21 of the State Property Act
For sorgical purposes
The Head of Seoul National Police Agency
Masung Kim
Seoul High Court Decision 57Da200 delivered on May 6, 1958
When considering the whole purport of the argument of the parties in the case, the right of use of state property is sufficiently recognized, and there is no special provision as to the priority of state property, such as the Act on the Disposal of Property Belonging to State Property. Therefore, even if the State is a person who has acquired the right of use of state property, if the period of use is determined, the right of use of state property should be terminated at the expiration of the period of use, unless there are special reasons such as the renewal of the permission to use the state property again, and there is no legal ground such as requesting the permission of use. In other words, when the period of use expires, the disposal of state property is entirely subject to the right of free discretion of the State at all.According to the original judgment in this case, even if the plaintiff has obtained the permission of use from the state authorities, but the defendant office recognized the administrative disposition on the state property to be leased to the defendant assistant intervenor after the expiration of the period of use, and the plaintiff's right of cancellation of the right of use and the plaintiff's claim for confirmation of the right of use can be rejected in accordance with all the reasons.
Justices Ba-sung (Presiding Justice)