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(영문) 수원지방법원 2016.09.22 2015구합70066
광고물 철거명령처분 취소청구의 소
Text

1. The Defendant’s disposition of removal order issued against the Plaintiff on January 16, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On June 23, 2005, the Plaintiff entered into an agreement with the Defendant on the management and operation of the promotional facilities (hereinafter “instant agreement”) with the following content.

- Standards: (15 meters in length ¡¿ 28 meters in length, ( columns) 10 meters in size: 1032 (State-owned land, 712-86 (State-owned land, 000) in the eposisiban in the eposibane of Gyeonggi-do, the quantity of which is 712-86 (State-owned land, 000): Two outlines of public relations facilities (one permanent location), ① Land usage fees and other maintenance expenses, etc. for the place where public relations facilities are installed (hereinafter “Plaintiffs”; hereinafter the same shall apply), shall be donated to A (hereinafter “Defendant”) at the time when 15 years have elapsed since the installation thereof.

(2) B may exercise a right to advertise the upper part of an advertising area corresponding to 1/4 of the advertising area before the contribution of public relations facilities is made.

Article 4(B) ① During the period of having the right to advertise the facilities, Eul shall fulfill its duties and responsibilities as a manager of the facilities installed under this Convention, and shall comply with the provisions of the relevant Acts and subordinate statutes, including the Outdoor Advertisements, etc. Control Act.

Article 5 (Relocation and Removal of Facilities) (1) If a ground for inevitable relocation or removal of facilities for public relations occurs at the request of relevant agencies, such as roads, traffic conditions, government policies, local governments, etc., Eul shall comply with the request of Gap.

B. The Plaintiff has installed and operated two facilities for the purpose of advertising for public purposes pursuant to the instant agreement (hereinafter “each of the instant advertisements”). Each of the instant advertisements is installed at 22 to 23 meters in the border of the East-gu East-do, Seosung-si, Seosung-do, the coast Highway 1079-6 and at 25 meters in the East-do, Seosung-si, the East-si, the East-do, the East-do, the East-do, the East-do, the East-do, the East-do.

C. The defendant does not obtain permission under the Outdoor Advertisements, etc. Control Act amended by each of the advertisements in this case.

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