변상금부과처분취소
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. The Defendant is the managing authority of the Seoul Jung-gu Seoul Jung-gu Seoul Jung-gu Incheon Metropolitan Government Seopa-ro 1, Taepa-ro 2, Lee Dong-ro 1, Jeon Dong-dong 13,207 square.
B. From November 21, 2013 to January 28, 2014, the Plaintiff installed a vinyl 1 and banner, etc. on the part of “Seoul Jung-gu 54-3” and “Seoul Jung-gu 5-8, Jung-gu, Seoul (hereinafter “instant land”) owned by the Republic of Korea and occupied and used the instant land.
C. The Defendant imposed indemnity of KRW 4,305,60 on December 26, 2013 (the calculation period between November 21, 2013 and December 16, 2013), KRW 7,068,00 of the Enforcement Rule of the Ordinance on the Use and Management of Public Property and Commodity (hereinafter referred to as the “Ordinance”) on the Plaintiff, on the ground that the Plaintiff occupied and used the instant land, which is a part of the Seoul plaza, without permission, pursuant to Article 81 of the Public Property and Commodity Management Act, and Article 10 [Attachment Table] of the Ordinance on the Use and Management of the Seoul plaza (hereinafter referred to as the “Ordinance”), Article 9 of the Enforcement Rule of the Ordinance, [Attachment Table], and Article 9 of the Enforcement Rule of the Ordinance (hereinafter referred to as the “Enforcement Rule”).
(hereinafter collectively referred to as "each of the instant dispositions") D.
Accordingly, the plaintiff filed an administrative appeal on March 14, 2014, but the Central Administrative Appeals Commission dismissed the appeal on December 2, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 7 and 14 (including branch numbers), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion (i.e., the instant land occupied and used by the Plaintiff is not the Seoul Square zone subject to the Ordinance, and each of the instant dispositions that calculated indemnity based on the usage fees prescribed by the Ordinance is
Shebly, even if the land of this case falls under Seoul Square, the land of this case shall be in accordance with the attached Table and the Enforcement Rule.