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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The subject of the plaintiff's claim for revocation is about the defendant's main defense that is not an administrative disposition.
The Plaintiff asserted that the Defendant received the payment notice (Evidence A) of KRW 79,218,80,00 for indemnity on December 24, 2018, while he/she became aware of the fact that a motor vehicle owned by the Plaintiff was seized on or around December 24, 2018, and that he/she received the payment notice (Evidence A5) of KRW 79,218,80 for indemnity, and that the Defendant sought revocation of the disposition imposing indemnity against the Plaintiff on the same day on the same day.
Article 72(1) of the State Property Act and Articles 71(4) and 36(3) of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 29606, Mar. 12, 2019) provide that when collecting indemnity from an unauthorized occupant of State property, the amount, time limit for payment, place for payment, and basis for calculating indemnity shall be specified and notified in writing.
Meanwhile, comprehensively taking account of the purport of the entire pleadings in evidence Nos. 1 through 3, ① the Defendant sent a prior notice of indemnity to the Defendant on or around May 9, 2013, and the Plaintiff submitted an application for installment payment of indemnity (36 times in June 31, 2013) to the Defendant on or around July 5, 2013. ② The Defendant imposed and notified the Plaintiff on or around February 26, 2014 during the period of possession of the instant land from July 1, 2013 to December 31, 2013; ③ the Plaintiff did not pay the remainder on or around September 9, 2013 and October 15, 2013 without paying the indemnity amount on or around two occasions, and ④ the amount of indemnity paid by the Plaintiff on or around June 15, 2014 to the Plaintiff, and the amount and the amount of indemnity deposited by the Plaintiff on or around the payment notice as to the pertinent automobile owned by the Plaintiff.