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(영문) 수원지방법원 2018.09.06 2017구합66801

변상금부과처분취소

Text

1. On April 25, 2017 and May 18, 2017, concerning the Defendant’s land indicated in attached Table 1 to the Plaintiff.

Reasons

Details of the disposition

The plaintiff is the operator of a national rental housing complex development project in Gunpo-gu where an implementation plan for a national rental housing complex development project was approved on December 24, 2007 by the Ministry of Construction and Transportation No. 2007-608 of the Ministry of Construction and Transportation (hereinafter “instant project district”).

On May 7, 2010, the project was converted into a Bogeumjari Housing District on June 16, 2014, and the project was changed into a public housing zone on June 16, 2014, and the project was changed into a public housing zone development project (hereinafter “instant project”).

On April 25, 2017 and May 18, 2017, the Defendant: (a) issued a disposition of imposition of indemnities of KRW 58,616,700 (=57,15,1301,461,570) pursuant to Article 72 of the State Property Act, on the ground that the Defendant occupied and used each of the aforementioned lands in the list of real estate owned by the State in the instant project district from April 28, 2017 to May 16, 2017 (hereinafter “instant disposition”); (b) on the ground that the land is collectively referred to as “each of the above lands”; and (c) on the ground that the Defendant occupied and used the land without title to the same and parcel number within the administrative district (hereinafter “instant disposition”); and (d) calculated indemnity in detail as follows.

[B] The plaintiff's assertion of the purport of Gap's evidence Nos. 1 and 2, Gap's evidence Nos. 6-1, 2, and Gap's evidence Nos. 7, the plaintiff's assertion of the purport of the whole pleadings constitutes administrative property in consideration of the following facts: the land category of this case has been managed as administrative property by the Suwon market before the disuse on February 2, 2017 with each road, river, and river; the road at the time of the Japanese land survey project; the river at the time of the Japanese land survey project; and the lot number has not been set. The plaintiff is presumed to have obtained permission for use of each land of this case, which is administrative property included in the project district of this case on December 24, 207 according to the approval of the implementation plan of the project of this case on December 24, 207.

Therefore, each of the instant dispositions is the land of this case.