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(영문) 서울행정법원 2016.04.01 2015구단55168

변상금부과처분취소

Text

1. The imposition of indemnity amounting to KRW 286,483,340 against the Plaintiff on April 22, 2015 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. Nonparty B applied for authorization of an implementation plan for a sports ground facility creation project on the Guro-gu Seoul Metropolitan Government and 17 land, and the Mayor of Seoul Metropolitan Government approved the implementation plan on April 18, 1973 (hereinafter “instant implementation plan”).

B. Under Article 83(2) of the former Urban Planning Act (amended by Act No. 2988, Dec. 31, 1976; hereinafter the same), the authorization of the instant implementation plan included “D ditch 1,432 square meters” and “E ditch 69 square meters” with the land to be transferred without compensation owned by the State, and “F paddy 392 square meters” with the land to be donated by the Plaintiff.

C. B constructed a playground (hereinafter in this case’s playground) according to the authorization of the instant implementation plan, and composed of 814 square meters and 119 square meters among the Guro-gu Seoul Metropolitan Government G ditch (which was divided into the above D ditch) and the Guro-gu Seoul H ditch (which was divided into the above E ditch) for use as the site for the instant playground’s parking lot (hereinafter in this case’s ditch), and created a new sewage hole on the said F field 392 square meters owned by oneself and the said land of 449 square meters in Seoul Guro-gu, Seoul, and the land expected to be donated (hereinafter in this case’s land expected to be donated).

B After completion of the instant playground, the Plaintiff donated all of the sports facilities and cash to the Plaintiff. On February 8, 1975, the Plaintiff was established as the fundamental property, and on June 29, 1977, the Seoul Special Metropolitan City Mayor notified the Plaintiff that all rights and obligations regarding the instant implementation plan were succeeded from B to the Plaintiff.

E. Meanwhile, in accordance with the sewage culvert comprehensive maintenance plan promoted by Seoul Metropolitan Government, the Defendant deemed that the land to be donated in this case, which was used as the sewage culvert at the time, should be improved to ensure the safety of residents’ living as a habitual flooded area, and obtained the Plaintiff’s approval for free use of the land expected to be donated from the Plaintiff on November 2013.