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(영문) 전주지방법원 2020.12.24 2020구합1459
국유재산사용허가취소처분 및 원상복구명령처분 취소
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1. The Defendant’s revocation of permission for use of state-owned property on June 8, 2020 against the Plaintiff, and restitution to the original state on June 25, 2020.

Reasons

1. Details of the disposition;

A. On August 31, 201, the Plaintiff purchased the land (C, D, E, F, G, and hereinafter “C-owned land”) located in the Seoul Special Self-Governing Province of the former Special Self-Governing Province from B from August 31, 201, and acquired the ownership on November 4, 201.

B. The H 340 square meters (hereinafter “instant land”) on the road in Jeonbuk-gun, Jeonbuk-gun, is a state-owned property, and was passing through a government-owned land, but B has occupied and used the instant land before transferring the Plaintiff’s ownership.

As the Plaintiff acquired the ownership of C-Japan land from B, the Plaintiff occupied the instant land to the present date and used it for B-Ba farm, etc.

C. Meanwhile, on the other hand, the Defendant transferred the ownership of the I land from B on March 17, 2010, to the Seoul Special Self-Governing Province, and around that time, contained the said land in the road and used it as a road until now (hereinafter “the present condition of this case”).

The Plaintiff obtained permission for the use of the instant land from the Defendant on September 26, 2019 for the purpose of farming from August 2, 2019 to December 31, 2023 pursuant to Articles 30 and 31 of the State Property Act and Article 27(3) of the Enforcement Decree of the same Act.

(However, on August 1, 2019, the Defendant imposed KRW 379,680 on the Plaintiff for the period from August 2, 2014 to August 1, 2019, which was occupied and used the instant land without permission pursuant to Articles 7(1) and 72 of the State Property Act.

On March 11, 2020, the Defendant notified the Plaintiff on March 11, 202 that “The instant land should be restored to the road because a traffic accident occurred in the instant current road adjacent to the instant land, and thus, the instant land should be restored to the original state.” Thus, for public safety, the Defendant’s disposition to revoke the permission for the use of State property on the instant land on June 8, 2020 (hereinafter “instant disposition of revocation”).

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