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(영문) 서울행정법원 2014.04.11 2013구합60163

무상사용기간 연장허가처분 취소

Text

1. As of July 5, 2013, the Defendant rendered permission for extension of the period of free use to Dongbu Construction Co., Ltd. as of September 5, 2016.

Reasons

1. Basic facts

A. 1 The defendant attracting private capital and attracting it to 251-7, 9560.4m2 (hereinafter "the project site of this case") in Jung-gu Seoul Special Metropolitan City (hereinafter "the project site of this case")

(i) a construction and operation entity to open to the public under a plan to construct the underground and ground parking lots of such entity, and such construction and operation entity (hereinafter referred to as “Dong Construction”).

A) On June 13, 1990, the Defendant was selected as a businessman on June 13, 1990. 2) On June 11, 1991, the Defendant publicly notified the decision of urban planning facilities (parking lot) with the content of installing a parking lot, which is an urban planning facility, in the project site of this case (non-building playgrounds and roads), and on June 29, 191, the Dong department construction was conducted by the Defendant under the provisions of Article 24 of the former Urban Planning Act and Article 20 of the Parking Lot Act (construction of parking lots) for the construction of underground parking lots of

3) According to the permission for the execution of the above urban planning project (construction of a parking lot), the project period is from July 1991 to June 193. The condition was added that all the facilities should be donated to Seoul Special Metropolitan City within one month from the completion date of the parking lot and that the period of free use of the building for the completed underground parking lot should be 20 years. 4) Dongbu Construction completed the construction of the 6th underground floor, the 6th ground floor, the 48,915.49 square meters of the total area, the 1,206 large number of parking spaces (hereinafter “existing parking lot”) and then completed the construction of the 1,206 large parking facilities (hereinafter “existing parking lot”) and received the permission for use of the public property from the Defendant from July 9, 1993 to July 8, 2013 under the former Local Finance Act.

5) When it is anticipated that it would be impossible to recover the investment cost due to low operational efficiency of the existing parking lot, the construction of the Dong department would make it impossible to recover the investment cost on January 8, 2000 to the Defendant on the ground of the existing parking lot, such as commercial buildings, etc. (hereinafter referred to as the “instant building”).

) Urban planning facilities (parking lot projects) with the content of extension.