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(영문) 창원지방법원 2016.08.16 2015구합23296
공유재산사용수익허가불허가처분취소
Text

1. On September 7, 2015, the Defendant’s co-owned property on each land indicated in the separate sheet against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On September 5, 2012, the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”) agreed to cooperate with the project utilizing the idle land in the city of Jinju-si and Jinju-si.

B. On December 18, 2012, the Railroad Corporation published a notice of permission to use State-owned property on the site of the HH line, and the state-owned property subject to permission to use is the I, I, 75 lots of land and the J-ground K Tunnels structure in J-si, J-si, and the purpose of use is the leisure facility business. The period of permission to use is five years, and the successful bidder is responsible for obtaining relevant permission from the local government.

Plaintiff

C has been awarded a successful tender by subscribing to a public announcement in order to operate a ready-day business at the site subject to the above permission for use.

C. On February 28, 2013, Jinju-si and the Korea Railroad Corporation agreed to provide the Korea Railroad Corporation with the alternative site for the installation of parking lots and auxiliary facilities (around 5,500 square meters per day of Jinju-si, and a maximum of 8,000 square meters where a railroad site is included) of the site subject to permission for use instead of building L connection roads via the above site subject to permission for use.

On July 2013, the Railroad Corporation: (a) granted the Plaintiff permission to use State-owned property for the structure on the ground of J-si, Jinju, N 19,089 square meters and 52 lots outside the boundary of the site subject to the permission of use according to the public notice of tender; (b) around July 1, 2013, from July 1, 2013 to June 30, 2018; and (c) the land subject to the permission of use was excluded from the land scheduled for the parking lot of the Leback project.

Since then, Plaintiff C agreed to jointly with the rest of the Plaintiffs, and around December 2014, Plaintiff C obtained permission to use a re-owned property from the Defendant (the period of use between December 1, 2013 and November 30, 2018) using the Plaintiffs as joint business operators, trade names, and O.

E. On June 28, 2013, Jinju purchased 1,099 square meters in Jinju-si, a private land, among the alternative sites offered to the Railroad Corporation on June 28, 2013, and the substitute site at the request of the Railroad Corporation until September 8, 2014.

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