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(영문) 부산지방법원 2019.10.18 2019구합22829

변상금부과처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On May 26, 2010, the Plaintiff was designated as a Bogeumjari Housing District under the former Special Act on the Construction of Bogeumjari Housing, etc. as announced by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010, and was approved on November 15, 2010 by the Ministry of Land, Transport and Maritime Affairs No. 2010-808, and is an implementer of the Hanam-do Bogeumjari Housing Project (hereinafter “instant Project”).

As a result of the execution of the instant project, “Before land division” was included in the “Before land division” column in the attached Table 1, which was a state property under the jurisdiction of the Ministry of Agriculture, Food and Rural Affairs, in the instant project, the land incorporated into the instant project site.

Of the incorporated land of this case, the remainder, other than the portion to be gratuitously reverted to the Plaintiff, which was confirmed as being used as public facilities (Gu, Do, and Do) at the time of approval of the instant project plan, was transferred to the Defendant after being divided into the land (a total of 19,849mm2, hereinafter “each land of this case”) and the land (a total of 19,849m2, hereinafter “each land of this case”) other than the portion to be gratuitously reverted to the Plaintiff on May 13, 2019, as indicated in the “after land division” in attached Table 1.

On May 28, 2019, the Defendant calculated the indemnity amounting to the period from March 31, 2016 to May 27, 2019 as KRW 632,054,170 and notified the Plaintiff in advance on the ground that the Plaintiff occupied and used each of the instant land, which is State property, without any loan agreement.

On May 28, 2019, the Plaintiff submitted an opinion that the imposition of indemnity against the Defendant was unfair. On June 21, 2019, the Defendant responded that each of the instant land is not subject to gratuitous reversion. On the same day, the Plaintiff calculated indemnity for the period from March 31, 2016 to June 25, 2019 on the ground that the Plaintiff occupied and used each of the instant land, which is State property, without any loan agreement, at KRW 648,859,070, and notified the Plaintiff in advance.

(hereinafter “Advance notice of this case”).