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(영문) 의정부지방법원 2018.07.12 2017구합12709
국유지 사용수익허가 취소처분의 취소
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1. On July 4, 2017, the Defendant’s revocation of permission to use and benefit from state-owned land against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

On June 25, 2013, the Plaintiff leased to B, on June 25, 2013, a building to be newly built on the Gyeyang-gu C (hereinafter referred to as “C”) and its ground for the purpose of the pharmacy, deposit amount of KRW 800 million, monthly rent of KRW 500,000,000 from October 30, 2014 to October 29, 2019.

C Land is not connected to C and E, which is a road, and it was possible to enter into the said road by going through F and G owned by the Plaintiff in order, which is an administrative property.

(A) On April 25, 2014, the Plaintiff obtained permission from the Defendant for use and entry into the land of 138 square meters among F land, from April 25, 2014 to December 31, 2016. On November 20, 2014, the Plaintiff completed the construction of a building on the land and operated a pharmacy with the trade name “H pharmacy” (hereinafter “instant pharmacy”).

On May 20, 2016, the Plaintiff obtained permission to use and benefit from State property (hereinafter “instant permission”) from the Defendant for the purpose of use of 112 square meters in F land and D land, from the Defendant, with the period from May 21, 2016 to December 31, 2019, with the period of permission for entry into and exit into a parking lot, installation of a sidewalk, and installation of a sidewalk.

Article 20 of the terms and conditions of permission of this case provides that “When it is necessary to use the property for the use of the permitted property for the neighboring land owner or residents at the time of the civil petition or for public use, the licensee may terminate the contract when the entry of another person is obstructed.”

Since then, the Plaintiff installed a report on the G’s land that the general public can pass (hereinafter “the instant report”).

The parking lot of the instant pharmacy (hereinafter “instant parking lot”) is installed in the part of the F and G land located on the front side of the instant pharmacy, and part of the F is an access road that can enter the instant pharmacy’s parking lot on the road (hereinafter “instant entry road”).

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