기초노령연금및급여결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, while residing in a multi-family house located in Dongdaemun-gu Seoul Metropolitan Government (public notice price of KRW 365,00,000, total of six households; hereinafter “instant house”) located in Dongdaemun-gu, Seoul (hereinafter “instant house”) and established or leased a lease on a deposit basis of KRW 57,000,000 for two households, deposit of KRW 11,000,000 for three households, and deposit of KRW 700,000 for each rent month, and was liable for a loan of KRW 100,000 for financial institutions.
B. On November 2014, the Plaintiff filed an application with the Defendant for basic old age pension on or around November 201, 2014. However, the Defendant rendered the instant disposition to the effect that the amount of KRW 1,070,833 recognized income of the Plaintiff calculated by the following methods exceeds KRW 870,00,000, which is the standard amount for selection of a single elderly household in the basic old age pension in 2014. < Amended by Presidential Decree No. 25903, Dec. 3, 2014>
The Plaintiff’s recognized income = KRW 70,833 of the monthly income conversion amount of KRW 700,000 (lease income) property of KRW 370,833 [General Property KRW 365,00,000 (Housing in this case) - Fundamental Property KRW 108,000,000 - Financial liabilities of KRW 100,000 - Rental Deposit of KRW 68,000,000 - Annual income conversion rate of property ± 5% per annum 12 months.
C. The Plaintiff filed an objection against the instant disposition on December 10, 2014, but the Defendant dismissed the objection on December 31, 2014 on the grounds that the said disposition and changed matters were nonexistent.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to the Ministry of Health and Welfare’s 2014 Basic Pension Business Guidance, which stipulates that the National Tax Service’s rental income should be examined through the Plaintiff’s assertion information system or that the Plaintiff’s rental income should be investigated by having the Plaintiff submit a lease contract, etc., if the Plaintiff owns a house outside of his/her residence. The instant rental income, which is the only housing owned by the Plaintiff,