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(영문) 춘천지방법원 2020.06.02 2020구합50100
사용료부과처분취소 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a school juristic person established on October 17, 1990.

The defendant is a corporation established by the Korea Rural Community Corporation and Farmland Management Fund.

B. The Plaintiff-affiliated cooperative is the owner of the land E, E, 56 square meters, F, 268 square meters, G, 263 square meters, H, and 628 square meters within the land of the Plaintiff-affiliated C, and agreed on August 7, 1992 on the condition that the Plaintiff’s use of the land was preserved on the condition that the relevant land was installed at the cost of the Plaintiff and the relevant water stop was preserved.

The plaintiff set up a rock and used each of the above land as a school site.

C. A cooperative was dissolved by the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund (established by Act No. 5759, Feb. 5, 1995) and eventually, the Defendant succeeded to the rights and obligations thereof by universal succession, thereby acquiring the ownership of each of the above lands.

On February 22, 1995, the land category was changed from “ditch” to “school site.” On October 25, 201, the land category was converted to “ditch”; on October 25, 201, the land category was converted to “ditch” (hereinafter “instant land”).

On July 5, 2013, upon the Plaintiff’s application, the Defendant approved the use of the instant land for purposes other than the purpose of using the agricultural infrastructure as “school playgrounds and roads”, “three years of use, annual amount of use, 5,907,330 won (including value-added tax; hereinafter the same shall apply).

After that, on October 15, 2013, the Plaintiff and the Defendant: (a) indicated the instant land as leased property; and (b) concluded a contract for land use lease with the term of lease from October 15, 2013 to October 14, 2016 (which can be renewed through consultation after the expiration of the term), total usage fees of KRW 17,721,90.

Upon the expiration of the lease term, the Plaintiff and the Defendant entered into a lease contract with the user fee of KRW 19,987,340 for three years from December 22, 2016 to December 21, 2019.

E. On December 24, 2019, the Defendant issued an application for reuse permission with respect to the instant land upon the Plaintiff’s application for reuse permission, from December 23, 2019 to December 20, 2029.

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