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(영문) 광주지방법원 2018.10.11 2018구합10613
시설물 반환 및 원상복구 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was established on September 12, 2012 for the purpose of installing and operating common facilities necessary for processing the agricultural industry. The Defendant implemented the “C Project” in the Gu Council of Bri-gun for the purpose of increasing the income of rural areas, promoting balanced development, etc., and created the D Center, E Park, etc.

B. On February 13, 2013, the Plaintiff entered into an agreement on the operation and management of facilities with the Defendant for the said business (hereinafter “instant agreement”) and managed and operated the facilities.

C. On February 14, 2018, the Defendant returned the above entrusted facilities to the Plaintiff who did not proceed with the renewal procedure in spite of giving three times a guidance on the renewal procedure, and provided guidance to restore the installed facilities without consultation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Since the period of entrustment under the instant agreement is ten years, the period of entrustment has not yet expired.

3. Determination

A. The relevant laws and subordinate statutes pertaining to the instant disposition are as follows.

(2) The head of a local government may renew permission for use and profit-making prior to the expiration of the period of permission for use and profit-making under Article 20 (2) 1 of the Public Property and Commodity Management Act (hereinafter referred to as the "Public Property Act").

In such cases, the period of permission to be renewed shall not exceed the period of permission under paragraph (1) whenever the period is renewed.

(3) The head of a local government may renew permission for use and benefit only once within five years to a person to whom paragraph (2) is not applicable.

Provided, That in cases falling under any subparagraph of Article 7 (2), it may be renewed only once within the total available period within ten years.

(5) A person who intends to obtain permission for use and benefit under paragraphs (2) and (3).

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