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(영문) 의정부지방법원 2016.08.16 2015구합832
국유재산 사용허가 철회처분 무효확인 등
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 February 2, 2004, the Plaintiff obtained permission for use of and benefit from State-owned property from the head of Gast for the purpose of using the Fast-si Fast-si Fast-si as the parking lot in B, C, and D around July 2, 2004 with respect to the Fast-si B (hereinafter “instant land”). The Plaintiff obtained permission for use of and benefit from State-owned property from the head of Gast-si from February 2, 2004 to December 31, 2004 for the purpose of using it as the parking lot in the Fast-si.

B. In addition, the Plaintiff obtained permission for use from the head of Ggral group every year from 2005 to 2010 on a yearly basis, including the conditions of permission that “the use fee shall be determined every year on the basis of the value of each property calculated according to the provisions of Article 26(2)1 of the Enforcement Decree of the State Property Act” as follows.

C. Since then, around December 2010, the Plaintiff obtained permission for use from the head of the G G G GG group on a five-year period from January 1, 2011 to December 31, 2015, and determined the user fee for the year 201 as KRW 5,827,150, and later paid it.

On October 30, 2012, the Defendant became a manager of the instant land, and rendered prior notice that the Plaintiff imposed the usage fee in 2011 and 2012 on the instant land under consideration, and that the usage fee in 2011 was imposed under consideration, with the exception of the amount already paid, the usage fee in 2011, and the usage fee in 2012 imposed KRW 28,649,870, and the usage fee in 2012, with the exception of the amount already paid.

E. On December 31, 2012, the Plaintiff claimed an excessive amount of the user fee claimed by the Defendant, and requested cooperation in the case of Pakistan, and the individual land price of the instant land was adjusted as of December 31, 2012.

Accordingly, on May 9, 2013, the Defendant determined the user fee based on the adjusted individual land price, and imposed the Plaintiff the user fee of KRW 21,796,350 for the year 201, KRW 26,632,360 for the year 2012, KRW 27,682,90 for the year 2013, and KRW 27,682,99 for the year 2014. On April 17, 2014, the Defendant paid the user fee of KRW 27,945,650 for the year 201 and the user fee of KRW 27,94 for the year 2014.

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