beta
(영문) 수원지방법원 2017.05.23 2017구합60483

행정대집행계고처분취소

Text

1. On December 21, 2016, the Defendant’s disposition of improving administrative vicarious execution against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 21, 2014, the Plaintiff had been operating “D” with the permission for use of 11.51 square meters (limited to 76.5 square meters for exclusive use; hereinafter “instant real estate”) on the one-story-dong 102, 111.51 square meters (limited to 76.5 square meters for exclusive use) from the Defendant during Gyeyang-si. The period of use was from November 15, 2014 to November 14, 2016.

B. After October 10, 2016, the Defendant issued a public notice of the permission to use the instant real estate (hereinafter “instant bidding”) with the following content as to the instant real estate:

Notice of Tender Permit - The E market facilities in Ansan City -

1. Type of business eligible for the first sale of agricultural chemicals, seeds, and seeds of the instant real estate exclusively for the sale of the real estate exclusively for the entire area (including public use) of the estimated value of the area for the use of the property subject to the sale of the property subject to the sale by bidding - The sale of agricultural chemicals, seeds, and agricultural materials of the instant real estate: The sale of agricultural chemicals, seeds, and agricultural materials of the instant real estate;

2. Bidding schedule period: The date and time of opening the bids from October 17, 2016 to October 17, 2016: 10: October 18, 2016;

3. An individual or individual entrepreneur who has his/her domicile or place of business at the time when a certified copy of resident registration is known as of the date of the public announcement of qualification for participation;

4. He/she shall determine as a successful bidder a person who has tendered the highest price among persons who have tendered at least one person in force in the method of determining a successful tenderer, among those who have tendered at least the estimated price;

C. As a result of opening of the instant real estate on October 18, 2016, the Defendant, among three bidders, participated in the bid at the highest price and was awarded a successful bid (the Plaintiff, 3rd bidding), and the Defendant, on January 3, 2016, granted permission for the use of the instant real estate to the intervenors (the period of use: January 3, 2017 to January 2, 202).

Accordingly, on December 2, 2016, the Defendant received a prior notice of disposal and presented opinions to the Plaintiff. On the ground that the Plaintiff occupied the instant real estate without obtaining permission after the expiration of the permission period, the Defendant restored the instant real estate to its original state by December 21, 2016.