Article 10(Sale of State or Public Property) #
(1) Notwithstanding the State Property Act or the Public Property and Commodity Management Act, the State or any local government may sell or lease any State or public property to a project implementer or a person who moves into a Technopark (hereinafter referred to as "occupant") by a private contract, if deemed necessary for developing or operating a Technopark. In such cases, such property may be gratuitously leased to any of the following persons: <Amended on May 20, 2014>
1. A project implementer, which is a non-profit corporation, to which contributions are made by the State or a local government;
2. A project implementer, which is a non-profit corporation, to which contributions are made by a national school or public school under Article 3 of the Higher Education Act.
(2) Notwithstanding Article 18 of the State Property Act, Articles 13, 19, and 28 of the Public Property and Commodity Management Act, the Higher Education Act, and the Private School Act, the State, any local government, or the educational foundation of a private school may lease part of the State or public land or part of the site of a university or college to a project implementer or an occupant to build a building or any other permanent structure thereon. In such cases, in consideration of the type and use of the building or structure, the State or the local government shall attach to the lease contract the condition that the building or structure shall be donated to the State or the local government or the land shall be returned intact upon expiration of the lease contract, and the educational foundation of the private school may attach to the lease contract the condition that the building or structure shall be donated to the educational foundation of the private school or the land shall be and returned intact upon expiration of the lease contract. <Amended on Jan. 27, 2016>
(3) The educational foundation of a private school may lease part of the site of a university or college gratuitously to a project implementer which is a non-profit corporation, when it leases part of the site pursuant to paragraph (2).
(4) No occupant may lease any structure built pursuant to paragraph (2) to a third party.
(5) Notwithstanding Article 30 (2) of the State Property Act, Article 20 (3) of the Public Property and Commodity Management Act, the Higher Education Act, or the Private School Act, any project implementer may allow a third person who intends to use a structure built in accordance with paragraph (2) for the same purpose as lease purposes to use it or profit therefrom.
(6) The sale price of State or public property under paragraph (1) shall be the arithmetical average of the prices appraised by at least two appraisal business entities (referring to the appraisal business entities defined in subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers). <Newly Inserted on May 20, 2014; Jan. 19, 2016; Feb. 11, 2020>
(7) Notwithstanding Articles 32 through 34 of the State Property Act or Articles 22 through 24 of the Public Property and Commodity Management Act, rental fees for lease of the State or public property under paragraph (1) or (2) shall be governed by Presidential Decree. <Newly Inserted on May 20, 2014>
(8) The lease period of the State property under paragraphs (1) and (2) shall not exceed 20 years. <Newly Inserted on May 20, 2014>
(9) A lease contract referred to in paragraphs (1) through (3) may be renewed: Provided, That the lease period under a renewed lease contract for State property shall not exceed the lease period prescribed in paragraph (8) at every renewal. <Newly Inserted on May 20, 2014>
(10) In renewing a lease contract under paragraph (9), if a project implementer or an occupant requests for the renewal of the lease contract one to six months before the expiration of the lease period, the State, a local government, or the educational foundation of a private school shall not reject such request except in cases prescribed by Presidential Decree, such as consecutive delay in payment of rental fees for at least three months. <Newly Inserted on May 20, 2014>
(11) Matters necessary for the method of leasing State or public property or the site of a private school prescribed in paragraphs (1) through (3), and other matters necessary for the sale or lease with or without compensation of State or public property or the site of a private school shall be prescribed by Presidential Decree. <Amended on May 20, 2014>
[This Article Wholly Amended on Apr. 14, 2011]