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(영문) 서울고등법원 2018.11.08 2018나2025548
공유재산 사용수익허가 명의변경청구
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, the relevant part of the reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Ex officio determination as to the legitimacy of the lawsuit

A. If the relevant law provides for the purport of allowing a transfer of a name to an administrative agency’s permission or patent name, the transferee may file a lawsuit against the transferor seeking implementation of the procedure for change of name against the transferor, but the relevant law does not provide for allowing a transfer, and unless the procedure for change of name is provided for, the lawsuit against the transferor seeking performance of the transferor’s license to directly change the transferor’s name to the transferee’s name is unlawful, and the lawsuit is not unlawful.

(See Supreme Court Decision 2001Da53622 delivered on February 26, 2002, etc.). B.

We examine the instant case in accordance with such legal principles as to the legitimacy of the instant lawsuit.

The purpose of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) is to ensure the appropriateness of the operation and disposal of public property (see Article 1 of the Public Property Act), and Article 20(1) of the Public Property Act provides that “the head of a local government may permit any person who has obtained permission for use or profit-making under paragraph (1) to use or profit from any administrative property to the extent that it does not interfere with its purpose or use.” Article 20(3) of the Public Property Act provides that “Any person who has obtained permission for use or profit-making under paragraph (1) shall not allow any other person to use or benefit from such administrative property: Provided, That where a person who has obtained permission for use or profit-making under paragraph (1) is a donor under Article 7(2

On the other hand, the first instance court's inquiry into the Incheon Metropolitan City Facility Management Corporation.

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