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(영문) 대전지방법원 2015.07.08 2014구합102820

국유재산 사용허가 취소 등 처분 취소

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 obtained the Plaintiff’s permission to use the instant land as State property on October 8, 2005 from the Defendant, with the purpose of using the instant land, which is a railroad site, from November 1, 2005 to October 31, 2008, with the first one year and 37270,000 won, and with the amount determined each year thereafter. On June 2007, the Plaintiff obtained the permission to use the instant land by determining the purpose of use from the first class neighborhood life, the period of use from July 1, 2007 to October 31, 2008, and the amount of usage from July 1, 2007 to October 31, 208, the Plaintiff obtained the permission to use each of the above land from the Defendant around October 1, 2005 to October 31, 2008; the first period of use from around 10, 2011 to 201, the Plaintiff obtained the permission to use the instant land at around 1316, 115.

(hereinafter “instant permission for use”). The instant permission for use attached to the purport that when the Plaintiff subleases the instant land or transfers its rights, the Plaintiff would cancel the permission for use, take measures to collect the original repayment, and not refund the usage fees paid.

B. On the other hand, on February 14, 2007, the Plaintiff entered into a lease agreement with C, setting the lease period of five years from the date of the contract to five years (hereinafter “instant lease agreement”). On the other hand, on the other hand, about KRW 250 square meters on the north-west part of the instant land, KRW 70 million, monthly rent of KRW 5 million, and KRW 5 million, monthly rent of KRW 500,000,000, and KRW 10% each year after the year, and the lease period of KRW 5 years from the date of the contract (hereinafter “instant lease agreement”).

(2) On September 2007, C began to build a temporary building of one story on the instant land with a total floor area of 295 square meters and operate a different store.

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