도로사용료 취하 절차
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 14, 2007, the Plaintiff acquired the ownership of a building of 1,344 square meters in Gyeonggi-gu B, Gyeonggi-do and 1,344 square meters, five-story accommodation facilities (inn), and Class II neighborhood living facilities (hereinafter collectively referred to as the “neach of the above land and buildings”), but lost its ownership due to a sale by voluntary auction on February 12, 2016.
B. Since June 6, 1999 to December 31, 2008, C, which was the former owner of the instant leisure hall, obtained permission to occupy and use a road (hereinafter “instant permission”) with respect to the area of 380 square meters in Gyeonggi-gun E, F, and G land, which is part of D, for the purpose of entering into and departing from the instant leisure hall.
C. On October 15, 2012, the Plaintiff submitted a report on the succession of rights and obligations to the instant permission under the name of the Plaintiff.
Accordingly, on October 16, 2012, the Defendant accepted the report on succession from C to the Plaintiff, and notified the Plaintiff thereof.
On the other hand, the defendant, at the time of the above notification, had expired on December 31, 2009, the permission period of this case expired, and thus, the defendant was also informed that the extension of the permission period of this case would be at a disadvantage, such as cancellation of permission if he applied for the extension of permission period until November 30, 2012.
After that, the Plaintiff filed an application for the extension of the permission period under the Plaintiff’s name. On July 22, 2013, the Defendant permitted the extension of the permission period to occupy and use the instant road by December 31, 2018.
E. Pursuant to Article 41 of the former Road Act (wholly amended by Act No. 12248, Jan. 14, 2014; hereinafter the same) or Article 66 of the Road Act, the Defendant: (a) from July 2013 to March 2016, KRW 20,671,180 (including additional charges and value added tax) for the occupation and use of the road of this case from July 14, 2013 to March 1, 2016; and (b) KRW 20,671,180 (including value added tax)