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(영문) 서울행정법원 2019.01.11 2017구합87548
도로사용료부과처분취소
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. On August 31, 2016, the Plaintiff purchased the land and its ground buildings in Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”) from B Co., Ltd. (hereinafter “B”).

B. around 198, B opened an underground connecting passage to connect the instant building and its neighboring E buildings on the ground of land outside D, Jung-gu, Seoul, Seoul, and six lots owned by Seoul Special Metropolitan City, and donated it to Seoul Special Metropolitan City and used it for free. From June 15, 201, B obtained permission for the commercial use of public property under the Public Property and Commodity Management Act from Seoul Special Metropolitan City from June 15, 201.

C. The above connecting passage consists of underground floors and two underground floors (each area of 1,726.8 square meters), and underground shops, parking lots, etc. in addition to the connecting passage between buildings.

(hereinafter referred to as the “instant connecting passage”). B from June 1997, from the Defendant, the road management authority, obtained permission to occupy and use the road of 1,198 square meters (hereinafter “instant road”) among D roads 1,212.8 square meters occupied by the Defendant, the road management authority, from June 1, 1997.

The Plaintiff purchased the building and site of this case from B, and succeeded to the rights and duties of the connection passage of this case.

Accordingly, on October 10, 2016, the Plaintiff obtained permission for the commercial use of public property from the Mayor of Seoul Special Metropolitan City (the period of permission until June 15, 2017), and around October 2016, the Plaintiff obtained permission for the occupation and use of the road of this case from the Defendant (the period of permission: the period of permission from August 31, 2016 to December 31, 2017).

(hereinafter “instant permission to occupy and use the road”). (e)

On June 2017, the Plaintiff returned the connecting passage of this case to Seoul Special Metropolitan City on the expiration date of the permission for the commercial use of public property with the Seoul Special Metropolitan City Mayor and the Seoul Special Metropolitan City Mayor ( June 15, 2017), and entered into an agreement with the Plaintiff to entrust the management thereof from June 16, 2017 to December 31, 2018.

F. On June 30, 2017, the Defendant: (a) twice divided into KRW 126,917,590, and April 1, 2017, to the Plaintiff.

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