(영문) 인천지방법원 2016.02.04 2015구합52290

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(영문) 인천지방법원 2016.02.04 2015구합52290

사용수익권확인

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 12, 2015, the Defendant: (a) determined the purpose of use: Sales outlet; (b) the period of permission for use; (c) five years from the date of permission; (d) publicly announced the public announcement of the selection of the user of State property; and (e) attached the location of the land and on-site pictures at the time of the public announcement of the tender.

B. After bidding, the Defendant selected the Plaintiff as a successful bidder on April 21, 2015, the Defendant added the following conditions to the Plaintiff regarding the said land (hereinafter “instant conditions of permission”) and granted the Plaintiff permission to use State property from May 1, 2015 to April 30, 2020.

No employee of any condition of permission shall engage in any of the following conduct without the approval of the defendant:

1. Change of the purpose of use;

2. Change of the original state of the permitted property;

3. Where facilities in permitted property fall under any of the following cases, permission for use may be revoked for all or part of the permitted property:

1. Where the State or a local government directly requires it for official or public use;

2. If he/she obtains the said permission by false statements, presentation of defective documentary evidence, or other unlawful means;

3. Where he/she allows another person to use and benefit from the permitted property, in violation of Article 30 (2) of the Act;

4. If he/she neglects the preservation of the said property or violates the purpose of its use;

5. Where a user fails to pay the user fee by the payment deadline, or fails to take measures for depositing a security deposit or performance guarantee under the latter part of Article 32 (2) of the

6. Where the original state of the property for which permission for use has been obtained without the approval of the defendant is changed, no civil petition shall be created in connection with the use of the property for which permission for use has been granted under Article 20, and where a civil petition is generated, it shall be used after the settlement of

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