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(영문) 서울행정법원 2019.08.13 2019구단56817
변상금부과처분취소
Text

1. The Defendant imposed indemnity of KRW 38,892,320 on Plaintiff A Co., Ltd. on January 9, 2019, and Plaintiff B.

Reasons

1. Details of the disposition;

A. On December 198, 1998, Plaintiff A Co., Ltd (hereinafter “Plaintiff A”) acquired the ownership of 3371 square meters prior to Dongcheon-si, Gyeonggi-do, 371 square meters prior to C, 132 square meters prior to E, 1130 square meters prior to E, 534 square meters of F forest, G forest, 1492 square meters prior to H, 234 square meters prior to H, 5020 square meters of I forest, and 10731 square meters of J forest (hereinafter collectively referred to as the “instant project site”), and leased the instant land to Plaintiff B Co., Ltd. (hereinafter referred to as Plaintiff B) on May 11, 2016.

B. On January 9, 2019, the Defendant: (a) issued the instant disposition, based on Article 72 of the State Property Act, on the ground that the Plaintiffs exclusively occupy the State-owned land adjacent to the instant project site (the instant project site and the location of the instant State-owned land are indicated in the annexed drawing Nos. 1; hereinafter the same shall apply); (b) 628m2, Lous 843m2, M previous 151m2 (hereinafter referred to as “the instant State-owned land”), Gyeonggi-do, which is the State-owned land located in the instant project site, without a loan agreement; (c) as the imposition period from November 10, 2013 to May 15, 2016, the Defendant imposed indemnity of KRW 38,892,320 on the Plaintiff; and (d) 435,538,100,000,000 won from May 16, 2016 to December 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) Article 2 and Article 72 of the State Property Act provide that the head of a central government agency and a person who has been duly delegated or entrusted with the affairs concerning the administration and disposal of general property shall impose on an unauthorized occupant (including a person who continues to use, benefit from, or occupies State property without permission for use or loan contract after the expiration of the period for permission for use or loan contract) who has used, carried out, or occupied State property without permission for use or loan contract, an indemnity equivalent to 120/100 of the usage fees

Dor, the Defendant, part of the instant project site by the Plaintiff A.

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