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(영문) 광주지방법원 2017.07.20 2017구합10326
목적외사용승인신청 반려처분 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 name was changed to the Korea Agricultural and Rural Community Corporation under Article 3 of the Addenda of the former Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (Act No. 7775 of Dec. 29, 2005). The name of the Korea Agricultural and Rural Community Corporation was changed to the Korea Agricultural and Rural Community Corporation under Article 3 of the Addenda of the former Korea Rural Community Corporation and Farmland Management Fund Act (Act No. 9276 of Dec. 29, 2008).

The term "defendant" in total below means the defendant.

[2] On June 4, 2004, the head of the branch office B is the E reservoir located in the Chungcheongbuk-do, C through the public announcement of the branch office of the Korea Agricultural and Rural Infrastructure Corporation B (hereinafter “instant reservoir”).

(1) The tender made in 2004 under the 2004 tender is called “the tender made in accordance with the 2004 tender”) to select users who rent and use them for five years.”

(2) The Plaintiff was selected as the user of the instant reservoir at the bidding in 2004. On July 20, 2004, the Plaintiff concluded a lease agreement with the Defendant that the instant reservoir was leased from July 21, 2004 to July 11, 2009 (five years) and used as the use of the water skiing business.

(hereinafter referred to as “the first lease contract”). (b)

On September 28, 2009, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant reservoir is to be used for the water skiing business (five years) from July 22, 2009 to July 21, 2014.

The second lease contract is called ‘the second lease'.

(c) On January 23, 2014, the Defendant notified the Plaintiff that the instant reservoir lease contract expires on July 21, 2014, and thereafter, the re-contract is impossible.

2. On July 16, 2014, the Plaintiff filed an application with the Defendant for extension of use of the instant reservoir for purposes other than its original purpose, and an application for joint use of the instant reservoir with the F branch of the Korea Water Safety Association.

The defendant on July 29, 2014.

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