logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.12.04 2014구합13423
공유재산사용허가처분무효확인
Text

1. Permission for use of public property of May 4, 2005 among the instant lawsuit (from December 11, 2004 to May 3, 2005).

Reasons

1. Details of the disposition;

A. On June 8, 2004, the Plaintiff: (a) from the Defendant (the Seoul Large Park Management Office prior to the change) on June 8, 2004, 363, and 16 parcels (hereinafter “instant land”). The instant land is prior to the amendment by Act No. 7476, Mar. 31, 2005; hereinafter the same shall apply).

(1) Pursuant to Article 8(1) of the former Urban Park Act, Article 3 subparag. 2 of the former Urban Park Act (only applicable to neighboring parks under Article 3 subparag. 2) provides that ① a public performance is held for the purpose of occupation and use, ② the period of occupation and use from June 8, 2004 to December 10, 2004; ③ the occupation and use fees of KRW 215,510,000 (hereinafter “the occupation and use fees of KRW 1”).

(3) A person who obtained permission for occupation and use (hereinafter “the first disposition to occupy and use”).

(2) On June 10, 2004, the Plaintiff and the Defendant entered into a contract with the effect that “(i) the Plaintiff holds a deep sublime and malicious performance on the instant land from June 8, 2004 to December 10, 2004; and (ii) the Defendant shall pay the Defendant occupation fees of KRW 215,510,00 and the Defendant’s occupation fees of KRW 210,629,000 (hereinafter “the first profit”). ② The various facilities, structures, etc. installed by the Plaintiff for the said performance to restore to original state, and deposit KRW 40,000 or pay it as a guaranty insurance policy to secure the performance of the said performance” (hereinafter “first agreement”).

(B) On May 4, 2005, the Plaintiff: (a) the instant land and its ground buildings (1,960.53 square meters of the building, 3,719.5 square meters of temporary buildings; hereinafter “instant building”); and (b) the instant land and its ground buildings, including the instant land and buildings, are collectively referred to as “instant real estate.”

(1) Pursuant to Article 8(1) of the former Urban Park Act, ① the holding of public performances by sublime schools and Chinese art groups for the purpose of occupation and use; ② the period of occupation and use from May 4, 2005 to June 20, 2005; ③ the occupation and use fees of KRW 39,423,540 (hereinafter “second occupation and use fees”).

(3) The person who obtained permission for occupation and use (hereinafter “the second permission for occupation and use”) is entitled to do so.

In addition, on May 4, 2005, the Plaintiff between the Defendant and the Defendant (i) from June 8, 2004 to December 10, 2004.

arrow