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(영문) 서울행정법원 2016.05.19 2015구합6583
철거명령및대집행계고처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. A. Around June 2008, the Plaintiff obtained a permit from the Defendant to use “15 square meters, among 176 square meters of land for the Seoul Guro-gu Seoul Railroad site,” which is a State-owned property, with the content of “a sales store: the period: from June 25, 2008 to December 31, 2010.”

Article 14 of the condition of permission stipulates that "When the period of use expires or the property to be used is returned due to the cancellation of permission, it shall be returned in the original condition in the presence of the staff of the Korea Rail Network Authority."

B. Around January 201, the Plaintiff again obtained permission from the Defendant to use “purposes: Resting restaurants and sales stores, and period: From January 1, 2011 to December 31, 2014,” with the content of “from January 1, 2011 to December 31, 201.”

On January 20, 2011, the Plaintiff prepared a statement of performance that “If the permission is not renewed again on the property management, such as the Defendant’s business purpose, sale, or other permission for use, all permitted property facilities shall be removed and delivered after restoration to its original state.”

C. The Plaintiff, on the instant land, set up a temporary building of light steel-frame structure on the first floor (hereinafter “instant facilities”) and operated resting restaurants.

On October 26, 2014, the Plaintiff filed an application with the Defendant for permission to extend the period of use of the instant land. On November 4, 2014, the Defendant notified the Defendant that the permission to use the instant land could not be extended on the grounds that “the Plaintiff is in arrears with approximately KRW 360 million for the C Station Parking Lots and Seodaemun-gu Seoul, Seoul (including indemnification).”

E. On April 30, 2015, the Defendant notified the Plaintiff of the fact that “Inasmuch as the period of use ends on December 31, 2014, the instant land was returned to its original state by May 10, 2015, and in the event of a non-measures, the Defendant would compulsorily remove the instant facilities pursuant to Article 74 of the State Property Act and Article 3 of the Administrative Vicarious Execution Act.”

F. On May 13, 2015, the Defendant: (a) on May 13, 2015, “the instant facilities” to the Plaintiff.

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