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(영문) 인천지방법원 2015.01.23 2014구합31234

변상금부과처분취소

Text

1. The Defendant’s disposition imposing indemnity amounting to KRW 63,636,360 against the Plaintiff on March 24, 2014 exceeds KRW 50,591,893.

Reasons

1. Details of the disposition;

A. The Plaintiff is occupying and using the land for factory in Yacheon-gu, Yacheon-gu (hereinafter “instant land”) without permission, which is a State-owned land.

B. On March 24, 2014, the Defendant imposed an indemnity of KRW 63,636,360 on the Plaintiff on the ground that the Plaintiff occupied and used the instant land without permission from March 12, 2009 to March 11, 2014, as follows:

(1) The amount of compensation calculated on March 12, 200 to July 30, 2009; KRW 206,682,00; KRW 4,790; KRW 4,790; KRW 931,00 on July 31, 2009; KRW 206,682,00; KRW 5,232,160 on January 1, 201, KRW 200; KRW 30; KRW 208; KRW 31,00 on December 31, 209; KRW 30; KRW 40; KRW 5,232; KRW 160 on January 1, 201; KRW 20 on December 31, 2010; KRW 30,000; KRW 206,00 on August 1, 201 to KRW 31, 206; and

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The Defendant erroneously stated the ground provisions for entrustment in the response procedure for the Plaintiff’s objection, and instead did not indicate the ground provisions for entrustment while rendering the instant disposition.

② In rendering the instant disposition, the Defendant violated Article 26 of the Administrative Procedures Act by failing to notify the procedure of objection, such as an administrative appeal or administrative litigation.

(3) As to the determination of the value of the instant land in 209 and 2010, the Defendant, despite the existence of the publicly assessed individual land price, shall be deemed to have no publicly assessed individual land price, and thus, calculated based on the publicly assessed individual land price in 20

④ The Defendant shall calculate the amount of indemnity corresponding to the period from 2011 to 2014 of the instant land in excess.