구유재산 변상금 부과 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff owned a building on the ground of 105.7 square meters in Dong-gu Incheon Metropolitan City B, which is the Gu maintenance (hereinafter “instant Gu maintenance”).
B. On July 7, 2014, the Defendant imposed a disposition of KRW 11,452,420 on the aggregate of the indemnities during the period from July 7, 2009 to July 6, 2014 pursuant to Article 81(1) of the Public Property and Commodity Management Act (hereinafter “instant primary disposition”) on the ground that the Plaintiff occupied the instant Gu occupation without permission (hereinafter “instant primary disposition”).
C. On July 7, 2014, the Defendant sent the instant first disposition to Dong-gu Incheon Metropolitan City [Road Name Address: Dong-gu Incheon Metropolitan City Dong-gu], which is the domicile of the Plaintiff, by registered mail.
On November 9, 2015, the Defendant submitted an application for the loan (use permit) for the instant old maintenance with the Plaintiff on November 30, 2015. On the same day, the Defendant concluded a loan agreement for the instant old maintenance with the Plaintiff. On the same day, the Defendant imposed an additional imposition of KRW 3,276,780 for the total amount of indemnity during the period from July 7, 2014, the date of the instant first disposition to November 8, 2015, for the period from July 7, 2015, the date of the instant first disposition against the Plaintiff (hereinafter “the second disposition”), and the Plaintiff received the second disposition directly.
[Ground of recognition] Facts without dispute, Gap evidence 13, 14, Eul evidence 1 to 9, the purport of the whole pleadings
2. First of all, the instant lawsuit is lawful, since the Defendant filed the instant lawsuit after the lapse of the period for filing the lawsuit, it is unlawful, and thus, the instant lawsuit is deemed unlawful.
A lawsuit seeking cancellation, etc. of an administrative agency shall be brought within 90 days from the date on which the relevant disposition is known, and within one year from the date on which the disposition is made (Article 20 of the Administrative Litigation Act), and if a period which falls under any one of the above subparagraphs has elapsed, an illegal
In order to say that the disposition was known, it is not enough to say that the administrative disposition is served effectively and the other party can know.