변상금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation established on January 10, 201 for the main purpose of collecting and selling recyclable products, and has occupied the portion of 400 square meters in size (hereinafter “C village”) out of 12632 square meters in Gangnam-gu Seoul Metropolitan Government, a general property owned by Seoul Metropolitan Government from the time of its establishment, and used it as a storage for recyclable products.
B. The Defendant, as a property management authority delegated with the authority to manage and dispose of the C Village by the head of the Seoul Special Metropolitan City, has imposed indemnity on the Plaintiff on the ground that it occupied and used the instant land without permission since 2001.
C. The Defendant, without any loan agreement, occupied and used the instant land from January 1, 201 to June 11, 201 without permission. On June 10, 2013, the Defendant issued a disposition against the Plaintiff to impose indemnity of KRW 35,894,540 on the Plaintiff pursuant to Article 81(1) of the former Public Property and Commodity Management Act (amended by Act No. 12201, Jan. 17, 2014; hereinafter “Public Property Act”).
(hereinafter referred to as “instant disposition”), / [The grounds for recognition / Each entry of evidence Nos. 1, 3, and 5 (including each number), and the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (i) around October 18, 201, the Defendant issued a prior notice of the imposition of additional indemnity for the period from 2006 to 2010 on the ground of an error in the area subject to the imposition of indemnity against nine recycled products handled by the residents of the village including the Plaintiff, etc. on the ground of the previous imposition of indemnity against the nine recycled products disposal companies. At the time, the Defendant promised to not impose additional indemnity if public officials, such as D, E, F, etc., of the Gangnam-gu Office housing and affiliated therewith, move the place of business out of the village of the village of the city of the city of Gangnam-gu, who were in charge of it, move the place of business to the outside of the village of the village
Dor, the plaintiff trusted the public official's commitment, and entered into a sales contract on November 14, 201 by seeking a place to move the place of business, and thereafter.