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(영문) 전주지방법원 2018.07.12 2017구합2988
공유재산 사용수익허가 취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

1. Matters referred to a tender: Permission to use the public property of the B military office;

2. Installation of users, such as a Gun Office (including the second floor above the ground) restaurant and a store (including the main room) 381.60 square meters (including the common use area) 25,054,720 square meters (including the value-added tax) located in B/Gun office (including the second floor above the ground) with the minimum bid price for facilities where the property subject to permission for use is located;

(a) Period of permission for use: The period of use shall be from November 5, 2016 to November 4, 2017 (one year);

(A) It shall be possible to extend 2 times a year after the satisfaction evaluation of restaurant users)

(b)A restaurant collection machine, keyboard, etc. shall be voluntarily withdrawn at the expiration of the period of permission;

(b) the number of self-marks installed may be changed depending on local conditions; 10. On-site verification and responsibility;

(a) The site descriptions are not carried out separately, so the bidder's prior confirmation of the site and public records of the property subject to the permission of use, conditions for permission, etc. is required to respond to the bidding, and where there are matters not specified in the said bidding notice in relation to this bidding, the Act on Contracts to Which a Local Government Is a Party, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, the Local Finance Act, the Public Property and Commodity Management Act, the Enforcement Decree

On September 23, 2016, the Defendant issued a notice of limited competition on the permission to use public property with respect to the restaurant and store 381.60 square meters (hereinafter “instant restaurant”) located on the second floor of the Gun Office (hereinafter “instant restaurant”), and the main contents of the public notice of tender are as follows:

B. The Plaintiff awarded a bid amount of KRW 26,340,000 in the tender notice as above, and entered into a contract with the Defendant for the consignment operation of the cafeteria cafeteria with the Defendant (hereinafter “instant contract”).

("Entrusteder" means the defendant, and the "trustee" refers to the plaintiff, respectively. The truster and the trustee enter into a contract with respect to the entrusted operation of the cafeteria when the trustee entrusts the entrusted operation of the cafeteria:

C. 1. (The Purpose of this Agreement) This Agreement.

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