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(영문) 대전지방법원 2014.09.17 2013구합3223
국유재산사용허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On July 6, 2012, the Defendant publicly announced an open competitive bid to select a person who is entitled to use and benefit from a parking lot of 2,070 square meters (hereinafter “instant parking lot”) in the Namyang-si, Namyang-si, which he/she manages pursuant to Article 31(1) and (2) of the State Property Act.

The main contents of the tender announcement shall be as follows:

- Estimated price (one year), 39,951,00 won - The period of permission for use shall not exceed five years.

- The user fee for the first year shall be the highest bid, and the user fee for the second year shall be the amount calculated in accordance with Article 29(5) of the Enforcement Decree of the State Property Act.

Fees for use after the second year = [user fee for the first year determined as a tender] ¡¿ (property value for the corresponding year) ¡À (property value at the time of bidding)]; or

B. C, as the representative of the Plaintiff, participated in the bidding by setting annual user fee of KRW 125,200,00 (excluding value-added tax) under the name of an individual entrepreneur “A Welfare Council (C),” and was the highest bidder, and was selected as a successful bidder on July 26, 2012.

C. C submitted a business plan under the name of “A Welfare Council Chairperson C and Chairperson C” (which means that the business plan under the name of “A Welfare Council Chairperson C and D” (which means that the number of parking lots shall be adjusted from the existing 50 to 79, and the parking lot facilities, including parking lot settlement offices, shall be installed, and the operation permission shall be granted from August 20, 2012 to September 30, 2012), and “C” means a statement of performance (which faithfully complies with all the terms and conditions of the permission for use and profit-making, and which does not raise any objection to any administrative disposition of the Defendant when failing to comply with the permission), and on November 1, 2012, C sent a letter of performance of the instant parking lot to C for the use permission from October 5, 2012 to October 4, 2017.

Relevant parts of the above written permission shall be as follows:

Article 4 (Payment of Fees for Use) (2) The employee shall issue the defendant a fee for use as prescribed in Article 3 in installments.

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