변상금부과처분취소 및 계고처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 25, 1985, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with respect to a part of 367 square meters (hereinafter “instant land”) out of 467 square meters (hereinafter “instant land”), which is owned by the Defendant, according to the delegation of the administrative affairs of Chungcheongbuk-do. Around that time, the Plaintiff obtained permission to occupy and use a river near the instant land, and occupied the instant land.
B. After that, around January 199, the Plaintiff planted two pine trees on the instant land. On January 27, 2001, the Plaintiff concluded a loan agreement with the Defendant, setting the loan period from January 1, 2001 to December 31, 2004, thereby extending the instant loan agreement.
C. On December 2, 2013, the Defendant notified the Plaintiff of the termination of the instant loan agreement, in order to promote the small park creation project, but the Plaintiff continued to occupy and use the instant land through vegetable vegetable trees, etc.
On April 21, 2017, the Defendant did not comply with the Plaintiff’s request for restitution of the instant land. On November 21, 2017, the Defendant issued a disposition to impose indemnity of KRW 6,572,830 (hereinafter “instant disposition to impose indemnity”) on the Plaintiff, pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and Article 81 of the Enforcement Decree of the said Act, on the same day, imposing indemnity of KRW 6,572,830 (hereinafter “instant disposition to impose indemnity”). On the same day, the Defendant issued a disposition to dismiss the administrative vicarious execution with the purport that “where the instant land is not restored to its original state by December 26, 2017, it will conduct vicarious execution”
(hereinafter “instant order disposition” and, in addition to the instant order disposition, hereinafter collectively referred to as “each of the instant dispositions”). The period of imposition of loan charges for occupation and use in the year is 12012 1,045,950 won 2012-13,012-12-12-314,356 won 37,220 won 22013-1,049,049,620 won 2013-01-01-12-31, 2013-1, 049,620 won 1,259,540 won 3201,259,540 won 2014,087,014-14-2014-12-1, 1087, 404 won;