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(영문) 대구고등법원 2015.06.12 2014누6136
국유재산사용허가취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On June 8, 2009, the Defendant issued a public notice of bid for permission to use State-owned property (electronic bidding notice C) on a 819.4 square meters (hereinafter “instant land”) among the 1,267 square meters of land B in Daegu-gu, Daegu-gu, 2009, and subsequently selected the Plaintiff as a successful bidder. On September 10, 2009, the Defendant granted the Plaintiff permission to use State-owned property from August 10, 2009 to August 9, 2012 regarding the instant land.

B. The Plaintiff operated the instant parking lot business with the trade name “D” (hereinafter “instant parking lot”) after installing containers and other facilities for the settlement of charges on the instant land.

C. After that, on August 9, 2012, the Defendant added the following conditions of permission (hereinafter “instant conditions of permission”), thereby granting permission to renew the use of State property (hereinafter “instant permission”). On December 9, 2013, the Defendant notified the Plaintiff of the advance payment of KRW 80,472,540 (including value-added tax) for the fee for State property in 2014 by December 23, 2014, and the Plaintiff paid it to the Defendant on the 23th of the same month.

Terms and conditions of permission (Evidence 3) Article 1 (Purpose of Use) shall be the purposes of parking lots and storage places.

Article 2 (Period of Use) From August 10, 2012 to August 9, 2017 (five years)

In any of the following cases, permission for use may be revoked for all or part of the property permitted at any time:

1. Where it is necessary for official use, public use, or public works;

3. When he violates this condition of permission.

4. Where the matters deemed necessary for the management of property and instructed by relevant Acts and subordinate statutes related to State property or by the headquarters are not implemented, the specified conditions under Article 19 (Special Conditions) shall be as follows:

1. An employee shall be required by the Corporation, the State, a local government, or any other public entity for official or public works and other purposes, even before the expiration of the permit of use and benefit or during the period of permission.

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