행정대집행계고처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
Attached 1 Real Estate List (hereinafter “instant building”) was constructed on the ground of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, C, D, E, F, G, and H (hereinafter “instant land”), a state-owned land designated as a cultural heritage protection area, and was approved for use on June 30, 197.
I applied for permission to use the instant land, etc. to the Defendant on May 23, 1976, and the Defendant determined the period of use on March 4, 1977 to September 27, 1980.
Since then, around 1980, the defendant made a permit to use and benefit from the land of this case to J, and the J sublet the land of this case to K corporation foundation without the defendant's consent, the defendant revoked the above permit to use and benefit from the land of this case on May 1, 1998.
On August 22, 1979, K used the instant building in its name and used it to make profits from the instant land. As such, even after the disposition of permission for use and profit was revoked, K used the instant land and used it continuously, and the indemnity imposed and delinquent until December 22, 2002 amounted to KRW 4.95 billion.
Accordingly, the Korea Asset Management Corporation conducted a public auction on the condition that "the above building should be donated under Article 9 of the State Properties Act and permitted to use it under Article 24 of the State Properties Act and Article 24 of the Protection of Cultural Properties Act."
L, a foundation, participating in the above public auction, purchases the building of this case at KRW 2.61 billion, and completed the registration of ownership transfer in its name on October 10, 2002. On December 7, 2002, L, a foundation, prepared a certificate of donation to contribute the building of this case to the defendant by December 31, 2003, but did not implement it.
On October 26, 2007, L, a foundation, drafted an agreement with the Defendant to contribute the instant building to the State by December 31, 2009, after cancelling the right to collateral security established on the instant building.