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(영문) 수원지방법원 2015.07.15 2014구합59222

기초연금부적합결정에 대한 취소청구

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1. Determination for modification on social welfare services and benefits rendered by the Defendant against the Plaintiffs on July 22, 2014, and August 2014.

Reasons

1. Details of the disposition;

A. The Plaintiffs, as married couple, were recognized as eligible for pension under the Basic Old Age Pension Act from October 27, 2013 and received basic old age pension.

B. As of July 1, 2014, the Basic Old Age Pension Act was repealed and the Basic Pension Act was enforced, the Ministry of Health and Welfare published “2014 Basic Pension Business Guidance” at the Ministry of Health and Welfare.

As a result of the investigation of the Plaintiff’s recognized amount of income pursuant to the “2014 Basic Pension Business Information”, the Defendant: (a) completed the registration of ownership transfer with respect to the amount of 3,275 square meters prior to C, D 2,370 square meters prior to Pakistan-si, Pakistan-si, and 1,832 square meters (hereinafter collectively referred to as “instant real estate”); and (b) determined that the standard value of the published value of the instant real estate exceeds 354,715,400 won.

C. On July 22, 2014, the Defendant notified the Plaintiffs on July 22, 2014 that the recognized amount of income of Plaintiff A calculated on the basis of the real estate value, etc. exceeds the standard amount of selection for the beneficiaries of basic pensions under the Basic Pension Act, and notified the Plaintiffs of “determination on modification of social welfare services and benefits” with the purport that the payment of basic old age pension to Plaintiff A, which had been paid, was suspended from June 30, 2014.

Plaintiff

B A around August 2014, the Defendant filed an application for payment of basic pension against Plaintiff A with the Defendant. The Defendant, like the disposition as of July 22, 2014, on the ground that the recognized amount of income of Plaintiff A exceeds the standard amount of selection of basic pension recipients, on August 22, 2014, notified the Plaintiffs of the “decision on Disconformity with Social Welfare Services and Benefits” (hereinafter referred to as “instant disposition, including the disposition as of July 22, 2014).

1) Each entry of Gap evidence Nos. 2-1, 2, 3, and 8-1, 2, and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the real estate of this case belongs to the clan A (hereinafter "the clan of this case") is the above plaintiff.