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(영문) 울산지방법원 2016.04.28 2015구합664

변상금 부과처분

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an implementer of an urban development project in the station area of the Busan High-speed Railroad Station (hereinafter “instant project”), and the Defendant is a corporation that vicariously executes the authority of the Minister of Land, Infrastructure and Transport with respect to each of the lands listed in the attached Table 1 (hereinafter “each of the lands of this case”) in accordance with the provisions on delegation and entrustment of administrative authority.

B. The Ulsan Metropolitan City Mayor on January 17, 2008, on the project of this case, designated the Ulsan-gun, Samnam-gun, Ulsan-gun, and Samdong-ri (hereinafter “instant project area”) as an urban development zone in the area of the station of the Ulsan-gun, Ulsan-gun (Public Notice of Ulsan Metropolitan City No. 2008-30), on February 14, 2008, established and publicly announced a development plan for the project of this case on September 4, 2008 (Public Notice of Ulsan Metropolitan City No. 2008-60), publicly announced the designation of an urban development zone and the modification of a development plan (Public Notice of Ulsan Metropolitan City No. 2008-219), and publicly announced the designation of an urban development zone, the formulation of a development plan, the authorization of an implementation plan (hereinafter “instant implementation plan”) and topographic drawings on April 23, 2009.

(Public Notice of Ulsan Metropolitan City No. 2009-147). (c)

On January 30, 2015, the Defendant issued a disposition imposing KRW 36,801,910 (hereinafter “instant disposition”) on the Plaintiff on January 30, 2015, on the ground that “the Plaintiff occupied and used without permission each of the instant land, which is State property located within the instant project zone, from October 12, 2011 to January 20, 2015” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 10 evidence, and 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Ulsan Metropolitan City Mayor, the designating authority of the instant project, authorized the instant implementation plan, and consulted with the Defendant, the managing authority of each of the instant land, as well as whether each of the instant land should be gratuitously reverted. The Defendant, the Ulsan Metropolitan City Mayor, shall be the Ulsan Metropolitan City Mayor, who is the competent authority of the instant project.