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(영문) 대전지방법원 2018.01.11 2016가단220539

면책확인

Text

1. The Plaintiff’s usage fees of KRW 7,478,430 and indemnity for the amount of KRW 25,81,000 and KRW 25,81,00 for the railroad site B, Youngnam-gun.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the Plaintiff filed a bankruptcy and application for immunity with the Gwangju District Court No. 2014Hadan2346 and the same court No. 2014-2346, and received a decision of bankruptcy on April 22, 2015 and a decision of immunity on December 21, 2015 from the above court (hereinafter “instant bankruptcy and exemption decision”).

B. On June 14, 201, the Plaintiff filed an application with the head of the Defendant’s headquarters in Yongnam-gun, Yongnam-gun, for use and profit-making with respect to the instant land (hereinafter “instant land”) of the period of use from May 4, 201 to June 30, 201. On June 16, 2011, the Defendant filed an application for permission for use and profit-making with respect to the said period of use (hereinafter “instant period of use”) with the said period of use as the permitted period of use (hereinafter “instant period of use”) and approved the permission for use of the instant land as KRW 7,478,430 (including additional taxes) (hereinafter “the instant usage fee”).

C. On March 21, 2012, the Defendant notified the Plaintiff of the imposition of indemnity on the instant land on the ground that the Plaintiff, after the lapse of the instant permission period, 536 tons of concrete block (hereinafter “the instant block”) installed the instant land without permission and used the instant land without permission, and notified the Plaintiff of the imposition of indemnity amounting to KRW 25,881,510 (hereinafter “the instant indemnity”). From July 1, 2011 to December 31, 2011, the period of unauthorized occupancy of the instant land was from July 1, 2011 to December 31, 201.

From July 1, 201 to December 31, 201, the Defendant accused the Plaintiff as a suspicion of violating the State Property Act on the ground that the Plaintiff, without permission, laid down the block of this case without permission from July 1, 201 to use and benefit from State property without justifiable grounds. Accordingly, on November 23, 2012, the Plaintiff was investigated by the Jeonnam Cancer Police Station (hereinafter “instant investigation”) at the investigation, but was decided on May 15, 2013 as a result of the investigation.

E. C and D (hereinafter collectively referred to as “foreign persons”).

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