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(영문) 서울중앙지방법원 2017.10.26 2017나42103
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

A. Around March 26, 200, the Defendant submitted to the Defendant a business plan containing a content of establishing the Hadi Research Institute on a 595 square meters of Seoul-gu ditch B, which is owned by the Defendant (hereinafter “instant river site”), among 1,177 square meters, and filed an application for permission to occupy and use the said river site.

2) On April 8, 2014, the Defendant accepted the Plaintiff’s above application and granted permission to occupy and use the river site (hereinafter “instant permission to occupy and use the river site”).

A) On the other hand, a certificate of permission for occupancy and use of rivers was issued to the Plaintiff stating the same purport on the grounds that the Plaintiff would permit the Plaintiff’s application under the following conditions. Permission for occupancy and use of rivers was issued. The purpose of occupancy and use of the instant river site: The purpose of occupancy and use of the instant river site: the area for the occupancy and use of the instant river site: the occupancy and use of the installation area for 595 square meters: from April 1, 2014 to December 31, 2016 (two years and nine months): Reference to the additional permission for occupancy and use of a river (from April 1, 2014 to December 31, 2014): 1,214,90 won: 1,104,460 won: 10,460 won, value-added tax (10%) attached to permission for occupancy and use of rivers * general matters.

1. The river site shall be restored to its original state at the expense of the person who has obtained permission for occupancy or use at the time of expiration or cancellation;

(b) [Special Matters to be Observed]

6. Gangnam-gu does not raise an objection when the permission for occupancy and use is notified due to public interest, and the Gangnam-gu's instruction is actively followed (in such cases, Gangnam-gu shall be notified 30 days before the date on which permission for occupancy and use ends); 7. A person who has obtained permission shall comply with all directions issued by the head of the Gu concerning river management; and when it is deemed necessary for the public interest even during the period of permission, he

8. Details not mentioned above shall also be complied with at any time when the Gangnam-gu's request for public-interest cooperation is made.

9. When any condition specified in the subparagraphs is violated, Gangnam-gu may revoke permission for occupation and use, and in such cases, he/she shall not claim compensation for damage;

B. The Plaintiff installed the instant container 1.

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