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(영문) 수원지방법원 2016.10.11 2016구합62406

항만시설 사용 불허가 처분취소

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. The Plaintiff is a corporation whose business purpose is loading, unloading, transporting, storing, and warehousing marine cargo.

B. On February 28, 2014, the Plaintiff obtained from the Defendant the instant site 9-14, 9-17, 13,024.54 square meters (hereinafter referred to as “instant site”); the details of use refers to a space for loading and unloading with a certain width and parallel with an inner wall abutting on the inner wall of the wharf where a ship is situated; 800 square meters of office; 300 square meters of office; 80 square meters of office; 300 square meters of office) for the purpose of installing a coastal cargo camping and auxiliary facilities; the period of use is 35,30,170 won; and the period of use is 13,000 square meters from March 1, 2014 to February 28, 2015; and the said conditions of permission for exclusive use of harbor facilities are as follows.

General Conditions of License

2. The person to whom permission has been granted shall not allow another person to use the permitted harbor facilities.

11. In any of the following cases, the permission may be revoked or suspended from use, the conditions of permission, the alteration of the method of use, the improvement of the method of use, or other necessary measures, and no compensation shall be made for any loss incurred to the person to whom the permission was granted due to the revocation of permission due to the violation of relevant statutes and conditions of permission:

When it is necessary for official, public or public works;

(b) Where he/she violates relevant Acts and subordinate statutes and conditions of permission;

(c) Where it is deemed necessary for the management and operation of ports.

C. On February 27, 2015, with respect to the instant site from the Defendant, the Plaintiff obtained permission for the exclusive use of harbor facilities (Extended) with the content that usage fees of KRW 35,435,160 and the period of use set at March 1, 2015 to February 28, 2016, for the said intended use.

Since the period of permission for the use of harbor facilities expires on February 28, 2016 on January 13, 2016, if the defendant intends to use it by extending it, he/she shall use the harbor facilities 15 days prior to the expiration of the period of use.