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(영문) 서울행정법원 2020.01.21 2019구합5007
경고 및 갱신거부처분 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is delegated to and managed the management authority of “D” (hereinafter referred to as the “instant rest area”) of the traditional rest area D (hereinafter referred to as “instant rest area”) located in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul (hereinafter “instant parks”).

Article 1 (Purpose of Use) C of the General Conditions for Permission to Use Public Property (hereinafter referred to as the "General Conditions in this case") shall be operated for the purpose of providing convenience to the park users.

Article 3 (Renewal of Use Period) The period of use may be renewed within five years, including the period of permission only once.

Provided, That this shall not be renewed where the permission for use and benefit of public property is subject to administrative dispositions (such as caution) at least twice a year pursuant to Article 30 (Administrative Dispositions) of the Special Conditions for Use and Benefit of Public Property.

Article 10 (Restrictions on Acts by Users) No employee shall do any of the following acts without obtaining approval from the Seoul Special Metropolitan City's mid-term parks and greenbelts:

(1) To relet or transfer the property for which permission for use or profit has been granted. (2) The original state of the property for which permission for use has been granted is to be changed. (4) The act of installing a fixed facility to the property for which permission for use has been granted without the approval of this business establishment. (5) The act of arbitrarily operating the business hours or performing any other act that is likely to damage the dignity of the C Park Traditional Rests. (6) The special conditions for permission for use of public property (hereinafter referred to as the “special conditions of this case”) under Article 3 (Operation of cafeteria) (

Article 12 (Food Level and Qua New) (4) Types and sales prices of items that may be sold shall be reported on the side of the main business place and approved in advance.

In addition, if there is a change in sales items and prices, it is decided whether to approve the business after the review by the employer at the request of the user.

(5) Tobacco, alcoholic beverages, places of origin, and rest areas.

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