국유재산 사용허가 취소처분 취소소송 등
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 December 21, 2012, the Plaintiff obtained permission for the use of State property from the Defendant on the land size of 3,220 square meters (attached Form 1; hereinafter “instant site”) outside Daegu-gu, Daegu-gu and seven parcels (hereinafter “instant land”); “For the purpose of use: Sports facilities, usage fees: KRW 43,773,950 (from March 1, 2013 to February 28, 2014); and the period of permission for use: from March 1, 2013 to December 31, 2017.”
B. The Plaintiff returned to the neighboring land outside of the instant site, and built 2 camping grounds, such as lighting towers and electric poles. On February 2013, the Daegu Dong head ordered the Plaintiff to restore the land to its original state on the ground that it constitutes an unlawful change in the form and quality.
Accordingly, the Plaintiff lowers the height of the soil in the place of the camping-gu, and removed some facilities, and then was confirmed by the head of Daegu-gu Dong to implement the restoration measures.
C. The Plaintiff failed to pay the usage fee in 2014 and 2015 regarding the instant site. The Defendant, after undergoing the procedure of demanding the payment of delinquent charges, voluntary removal of the objects without permission and restoration to their original state, notified the Plaintiff of the revocation of permission for use of State property and removal of facilities, etc. on May 11, 2015 as follows.
In accordance with Article 36 (1) 4 of the State Property Act, the cancellation of permission for use of State property and the request for restoration of state property to the original state (Evidence No. 6-1) shall be cancelled for the default of fees for use of State property for the two years under ear, and the permission for use of State property shall be requested pursuant to Article 38 of the State Property Act, and the return of the property to the original state until May 25, 2015 shall be returned.
In order to remove facilities, such as lighting towers on the ground without permission, other than permitted land, by the due date for the return of the property to be used ( May 25, 2015), the due date for the removal shall expire, and if the facilities are not removed by the due date, the removal shall be made by applying mutatis mutandis the Administrative Vicarious Execution Act pursuant to Articles 74 and 82 of the State Property Act, or the measures, such as filing
The plaintiff does not implement the restoration by the deadline of return.