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(영문) 대전지방법원천안지원 2015.06.03 2015가단966
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Since June 2008, C obtained permission from the head of the Dong-gu, Chungcheongnam-gu, Incheon-gu, to occupy and use a street store of 4.84 square meters in the E market located in the Dong-gu, Chungcheongnam-gu, Dong-gu (the period of occupation and use: June 16, 2008 to December 31, 2012)

(C) Around January 1, 2013, the Plaintiff filed an application for extension of the permission to occupy and use the instant road for which the period of occupation and use expires. On January 21, 2013, the period of occupation and use was extended from January 1, 2013 to December 31, 2017 by the head of the Dong-gu Si/Yan-gu, Seoul.

B. Meanwhile, the part related to the instant case among the terms and conditions of permission for occupying the instant road is as follows.

Article 5 (Prohibition of Transfer of Right to Permission) The right to occupy and use a road may not be transferred to another person without the permission of the Mayor.

Article 6 (Conditions for Permission) Conditions for Permission to Occupy and Use Roads are as follows:

1. Any person who has resided with resident registration in a tent for at least three years;

2. The coordinate of a store shall be one person (including his/her spouse, lineal ascendant or descendant) who is permitted to do so;

Article 7 (Revocation of Permission) In cases falling under any of the following subparagraphs, permission may be revoked at any time, and the street plate whose permission has been revoked shall be prohibited from selling in the market:

1. Where he/she violates any condition of permission;

2. Where a person to whom permission has been granted dies, the spouse or lineal blood relative of the person to whom permission has been granted may succeed the remaining period of permission without permission from the City.

(2) When a person who has rights or duties arising from permission to occupy and use a road under Article 4 of the Road Act dies or has unavoidable reasons and transfers his/her rights and duties after obtaining permission from the Mayor, the transferee shall succeed to the status.

(3) The qualifications and criteria for successors under paragraph (2) shall be as follows:

1. A person who has his/her resident registration in a astronomical city for at least three years (hereinafter referred to as "person omitted");

C. C. The Defendant on June 7, 201.

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