[변상금부과처분취소][공1995.2.1.(985),703]
The meaning of "compensation to be paid in the preceding year" under Article 23-2 of the Seoul Metropolitan Government Ordinance on Public Property Management.
When the annual rent (including usage fee and compensation) calculated has increased by at least 10% compared to the annual rent paid or to be paid in the previous year when the public property continues to be occupied, used, or profit-making for at least two years, the term "compensation to be paid in the preceding year" under Article 23-2 of the Seoul Special Metropolitan City Ordinance on the Management of Public Property, which provides for the reduction and adjustment of the rent rate for the pertinent year by setting a specified calculation method, means the case where the liability for payment arises at least in the disposition of the amount of indemnity for the previous year. For example, it cannot be deemed that the same includes the case where the liability for payment has not occurred in the previous year due to the commencement
Article 87 of the Local Finance Act, Article 105 of the Enforcement Decree of the same Act, Article 23-2 of the Seoul Metropolitan Government Ordinance on Public Property Management
[Defendant-Appellee] Plaintiff 1 et al.
The head of Seongdong-gu Seoul Metropolitan Government Office of the Dong-dong Law Office (Attorney Jeon-soo, Counsel for defendant-appellant)
Seoul High Court Decision 93Gu24935 delivered on May 4, 1994
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
When the annual rent (including usage fee and compensation) calculated has increased by at least 10% compared to the annual rent paid or to be paid in the previous year when the public property continues to be occupied, used or profit-making for at least two years, the term "compensation to be paid in the preceding year" under Article 23-2 of the Seoul Special Metropolitan City Ordinance on the Management of Public Property, which provides for the reduction and adjustment of the rent reduction rate for the pertinent year, means the case where the liability for payment arises at least in the disposition of imposition of indemnity for the previous year. For example, it cannot be deemed that the above calculated annual rent (including rent and compensation) includes the case where the liability for payment has not occurred in the previous year due to the commencement of possession as
According to the records, the plaintiff constructed a building building on the ground of Seongdong-gu Seoul ( Address omitted) and used the building on the neighboring land continuously from June 1, 1991 and occupied it illegally. For the same purport, the court below rejected the plaintiff's assertion that the imposition disposition of indemnity in the year 1991 increased above 10% compared with the amount equivalent to indemnity in the year 1990, and there is no error of law in the misapprehension of legal principles as pointed out in the court below's theory.
Therefore, the plaintiff's appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Don-hee (Presiding Justice)