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(영문) 수원지방법원 2014.12.17 2013구합20623

점용료부과처분취소

Text

1. On September 16, 2013, the Defendant’s occupation and use fees for the road portion in 2003, which were imposed on the Plaintiff, KRW 657,200, and KRW 2,325,00 for the road portion in 204.

Reasons

1. Details of the disposition;

A. In order to use it as entry into neighborhood living facilities, the Plaintiff occupied and used the land of 1,677 square meters in Pyeongtaek-si roads, C. 50 square meters in a road, D. 1,817 square meters in a D., and 1,022 square meters in a E road (hereinafter “instant occupancy and use road”), which is owned by the State, with permission from the head of the office of Suwon-si Maintenance and Construction (hereinafter “Defendant”) for the purpose of using it as entry into neighborhood living facilities. The period of permission expired on August 31, 2003.

B. On April 24, 2007, the Defendant demanded the Plaintiff to apply for extension of the occupation and use of the instant road to the Plaintiff, but the Plaintiff occupied and used the instant road without applying for extension of the period.

C. On August 16, 2013, the Plaintiff requested the Defendant to extend the period of occupation and use (connection) of the road. On August 19, 2013, the Defendant permitted the Plaintiff to occupy and use the road of this case from September 1, 2003 to December 31, 2013.

As indicated below, the Defendant calculated each occupation and use fee by multiplying the area (1,022m2) of the road of this case’s occupation and use road of this case by the arithmetic mean price of the officially assessed individual land price of the land adjacent to the road of this case, and by adjusting the occupation and use fees. On September 16, 2013, the Defendant included 657,200 won for road occupation and use for the year 2004, 2,325,900 won for road occupation and use for the year 2005, 2,638,500, 227, 400, 4, 3,333,560 won for road occupation and use for the year 207 (including value-added tax), 5,253,380 won for road occupation and use fees for the year 208 (including value-added tax), 301, 209, 209, 20136, 301, 20136.

(hereinafter referred to as “instant disposition”). The average land price (F) of the adjoining lot numbers in the year shall be the statutory rate.