변상금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 10, 2015, the Defendant, on the grounds that the Plaintiff occupied and used B forest land No. 48 square meters and C forest land No. 124 square meters (hereinafter “instant land”) at the time of Chosung-si, a State-owned property, without a loan agreement, was given prior notice that the Defendant imposed indemnity.
C Forest land category imposition amount of KRW 3,79,450,000,000,000 from June 11, 201, 2010 to June 10, 2015, 3,779,450,000,000,000,000,000 square meters from June 11, 201 to June 10, 201.
B. On June 30, 2015, the Plaintiff submitted a written opinion to the effect that he/she acquired the instant land by prescription, and on July 7, 2015, the Defendant imposed a total of KRW 9,022,690 on the Plaintiff as follows:
(hereinafter referred to as the "disposition of this case") . [Grounds for recognition] / Each entry of Gap Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is owned by the Plaintiff’s neighboring land (G, and H) of this case, and after constructing a factory on the H on September 3, 1986, on the land of this case, the Plaintiff opened a factory entry route to the land of this case and occupied and used the land in peace and public performance with the intention to own it for not less than 20 years until now.
Therefore, the Plaintiff acquired the above land by prescription, and currently filed a lawsuit against the Republic of Korea to implement the registration procedure for ownership transfer due to the completion of the acquisition by prescription (Seoul Central District Court 2015da171440).
Therefore, the instant disposition is null and void because the defect is significant and apparent.
B. In a case where there is a defect that misleads the factual relations related to the substantive requirements in the administrative disposition, the defect is serious and objectively apparent, and the disposition is null and void. Thus, in order to be clear, it is obvious that the data, which served as the basis for the mistake of the factual relations, lacks external appearance, or cannot be objectively recognized as the authenticity of its establishment or content.