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(영문) 춘천지방법원 2015.07.22 2015구합187
국유재산사용수익허가취소처분취소
Text

1. Of the instant lawsuit, on January 28, 2015, the Defendant is about 33 square meters of the Gangwon-gun gas station site for the Plaintiff.

Reasons

1. Details of the disposition;

A. D, on March 2, 2007, in order to conduct the gas filling business on the land of Gangwon-do Crossing-gun E, B, F, and C (hereinafter collectively referred to as “instant charging site”), on which the Defendant obtained permission for a liquefied petroleum gas filling business, and operated gas filling stations (hereinafter “instant charging station”). On January 10, 201, D, among the instant charging site, transferred the ownership of the said E filling station site and the business rights, etc. of the instant charging station to the said land, building, etc. for the lease period from August 30, 2013 to lease the pertinent land and building for 20 years from the lease period of each of the instant charging stations. The Plaintiff concluded a lease contract for the lease of each of the instant land, building, etc. from August 30, 2013.

B. On May 28, 2014, the Plaintiff obtained from the Defendant the permission for the use of State property, the purpose of which is to grant the permission with respect to the 33 square meters (hereinafter “real estate 1”) and the 154 square meters (hereinafter “2 real estate of this case”) of Gangseo-gun, Chungcheongnam-gun, Seoul, as State property, among the instant charging site, as “gas charging site”; and the period of use from May 28, 2014 to December 31, 2018.”

C. However, on December 10, 2012, the Chuncheon District Court rendered a voluntary decision to commence the auction on each of the instant lands to the Jeju District Court Assistance G, and as a result, the auction procedure was in progress, the Plaintiff was awarded a successful bid on each of the instant lands on June 23, 2014.

Lee & Lee, Inc. filed an application for the delivery order of each of the instant lands against the Plaintiff and members energy, but the application for delivery order was dismissed against the Plaintiff. On November 6, 2014, the said application was accepted by the Chuncheon District Court 2014Ra242, and confirmed around that time.

E. For the foregoing reasons, the Plaintiff added.

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