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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From June 4, 200 to June 28, 2006, the Plaintiff occupied 58.1 square meters, part of Seocho-gu Seoul Metropolitan Government C, a public property under the jurisdiction of the Defendant, without permission (hereinafter “instant land”).
B. On March 26, 2001, the Defendant discovered the fact that the Plaintiff occupied the instant land, and urged the Plaintiff to pay indemnity to the Plaintiff on June 4, 2000 through December 31, 2000, pursuant to Article 87 of the former Local Finance Act (amended by Act No. 7663 of Aug. 4, 2005; hereinafter “former Local Finance Act”), with the purport that the indemnity for the use of the instant land without permission (hereinafter “2,672,880 indemnity”) should be paid by May 23, 2001. The Defendant issued a disposition imposing indemnity to the Plaintiff on June 15, 2001, stating that the Plaintiff would not pay the indemnity, and demanded the Plaintiff to pay the indemnity by not later than June 15, 2001, with the delayed payment of indemnity or late payment charges until December 31, 2003 (hereinafter “from June 204, 2005”).
The defendant did not pay the above indemnity and its late payment charge. The defendant urged the plaintiff on May 28, 2003 to pay the indemnity by June 7, 2003, and has demanded the payment of the unpaid indemnity or its late payment charge every year.
The defendant on December 29, 2003 pursuant to Articles 87(2) and 84(4) of the former Local Finance Act, Article 28 of the former Local Tax Act (amended by Act No. 10221, Mar. 31, 2010; hereinafter referred to as the "former Local Tax Act") and Article 24 of the former National Tax Collection Act (amended by Act No. 8832, Dec. 31, 2007; hereinafter referred to as the "former National Tax Collection Act"), which the plaintiff defaulted pursuant to Article 87(2) and Article 84(4) of the former Local Tax Act, and Article 24 of the former National Tax Collection Act (amended by Act No. 8832, Dec. 31, 200; hereinafter referred to as the "former National Tax Collection Act"), 1,043,520 won, 4,880,400 won, and 439,230 won for late payment.