변상금등부과처분취소
1. Of the judgment of the court of first instance, the Defendant’s disposition of imposing KRW 5,543,100 on the Plaintiff for compensation for trial property owned by the Defendant on August 17, 2012.
1. Details of the disposition;
A. The deceased E (hereinafter “the deceased”) was the owner of an unauthorized building (hereinafter “the building in this case”) constructed on the Seongbuk-gu Seoul Metropolitan Government river B (hereinafter “the land No. 1”) and 253 square meters (hereinafter “the land No. 2”) owned by the State. B. The Defendant, as the property management authority on September 9, 2002, imposed indemnity on the deceased for five (5) years (the imposition period: from September 1, 1997 to August 31, 2002) on the ground that he occupied the land No. 163 square meters on the land No. 163 square meters (hereinafter “the building in this case”). On November 29, 2004, the deceased received from the Defendant for the extension of 163 square meters of the land in this case from the Defendant around 201 to 31, 2015.
The Deceased died on August 22, 2008, and accordingly, the Plaintiff succeeded to the status of the Deceased as to the permit of occupation and use of public waters as well as the inheritance of the instant building.
E. From March 9, 2009, the Defendant imposed the Plaintiff a fee for the occupation and use of the instant portion pursuant to Article 9(1) of the former Public Waters Management Act (amended by Act No. 10272, Apr. 15, 2010; hereinafter the same) or Article 13(1) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”). From January 24, 201, the Defendant extended the occupation and use period by not later than May 31, 2014.
F. Thereafter, the Defendant issued the instant disposition to the Plaintiff with the following content.
(1) A disposition imposing usage fees - Date of disposition: - The occupation and use of the instant portion for residential purposes - The occupation and use of the relevant portion for the purpose of occupancy and use - the basis of disposition: Article 13(1) of the Public Waters Act - the details of disposition: Imposition of usage fees of KRW 2,387,950 - the imposition period: June 1, 2012 or May 31, 2013 - (2) the imposition of indemnity - (3) the date of disposition imposing indemnity - the date of disposition: August 17, 2012 - the occupation and use of the instant portion of the land of