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(영문) 서울북부지방법원 2013.12.18 2013가합22779
유상사용갱신허가거부처분취소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2003, the Plaintiff extended the existing Dobong historical building that was constructed on the ground 639 of Dobong-dong, Dobong-gu, Seoul, Seoul, which was owned by the Republic of Korea and donated to the Republic of Korea.

Article 1 (Purpose of Use) The purpose of use shall be neighborhood living facilities and parking lots.

Article 2 (Period of Use) The period of use shall be from November 1, 2003 to October 31, 2006.

Article 3 (User Fee) Annual user fee shall be free of charge.

B. On October 2003, the Korean National Railroad, a managing authority, permitted the Plaintiff to use and profit from neighborhood living facilities and parking lots 1,380.83 square meters (hereinafter “instant building”) and its site (hereinafter “instant land”) among the building parts extended above, and exempted the Plaintiff from usage fees until March 17, 2013 up to 1,146,572,630 won, the total amount of usage fees for the instant building and land donated to the Plaintiff.

The following contents are stated in the permission for use and profit-making:

When granting permission for use and profit-making, the Korean Railroad has notified the Plaintiff of the submission of an application for continued use permission at least two months prior to the expiration of the period for use permission.

C. On January 1, 2005, according to the Framework Act on Railroad Industry Development and the Korea Railroad Corporation, the Defendant was converted into and established by the Korea Railroad Corporation, a telegraph, and the instant building managed by the former Korea Railroad Corporation was invested in kind in the future in the Defendant.

On January 14, 2013, the Plaintiff filed an application with the Defendant for renewal of permission for use for the purpose of continuing to use and benefit from the instant building even after the period of free use and benefit expires.

E. Article 24 (Permission for Use and Profit-making) (1) of the former State Property Act (amended by Act No. 7325, Dec. 31, 2004; hereinafter “former State Property Act”) of the relevant provisions (amended by Act No. 7325, Dec. 31, 2004; hereinafter “former State Property Act”).

Article 26 (Exemption from Fees) Administrative Property, etc.

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