기초연금지급부적합결정처분취소
1. On September 5, 2014, the decision that the Defendant rendered against the Plaintiffs is inappropriate for the payment of the basic pension benefits is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiffs, as married couple aged 65 or older, applied for a basic pension payment to the Defendant in August 2014 pursuant to Article 10 of the Basic Pension Act.
B. As a result of examining the Plaintiffs’ recognized amount of income, the Defendant identified the sum of the Plaintiffs’ property value of KRW 536,946,647 (i.e., KRW 9,61,647 in the building of KRW 39,83,00 in the financial property of KRW 9,611,647 in the housing of KRW 228,00,000 in the land of KRW 29,502,000 in other property).
C. On September 5, 2014, the Defendant rendered a decision on September 5, 2014 to refuse to pay the basic pension benefits (hereinafter “instant disposition”) against the Plaintiffs on the ground that the amount of KRW 1,766,719 recognized as income of the Plaintiffs calculated pursuant to Article 2 subparag. 4, etc. of the Basic Pension Act exceeds the standard amount of KRW 1,392,000.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, 2, Eul evidence 1-1 to 3, 4, 5-1, 2-2 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the grounds for the plaintiffs' claim is that the defendant owned 230,000,000 won of apartment lease deposit and donated or disposed of by the plaintiff A, including it in the property value of the plaintiffs, and calculated the recognized amount of income of the plaintiffs. However, the above lease deposit was not a property owned by the plaintiff A, and thus the disposition of this case was unlawful on a different premise.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Fact-finding 1) The Plaintiffs agreed to lend money to Dong Jae-nam to make a deposit for the lease of an apartment. Upon C’s request, the Plaintiff agreed to lend the lessee’s name under the lease agreement on the apartment of this case. 2) D decided to lease the apartment of this case to Seoul Mapo-gu Seoul E apartment 103 Dong 1801 (hereinafter “the apartment of this case”). On January 17, 2011, the lessee as to the apartment of this case between the lessor F and the lessor.