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(영문) 창원지방법원 2015.07.21 2015구합20389
사용료 부과처분 취소
Text

1. On January 26, 2015, the Defendant’s fees for the use of State-owned property in KRW 47,739,670 and the fees for the use of public property in KRW 83,741.

Reasons

1. Details of the disposition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for a housing redevelopment and rearrangement project (hereinafter “instant project”) of 81-1,344,00 square meters of the total area of 81-1,00,000 Won-dong, Changwon-si, Changwon-si, and the Changwon-si approved the implementation of the instant project on December 27, 201, and announced it on the same day.

B. While carrying out the instant project, the Plaintiff occupied the total of 3,197.0 square meters of land owned by the Republic of Korea in Changwon-si, Changwon-si, Changwon-si, Changwon-si, Changwon-si, and the total of 82-16 and 13 square meters of land owned by Changwon-si, Changwon-si, Changwon-si, Changwon-si, and Changwon-si, Changwon-si

C. On January 26, 2015, pursuant to Article 32 of the State Property Act, Article 29 of the Enforcement Decree of the same Act, and Article 22 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and Article 14 of the Enforcement Decree of the same Act, the Defendant issued a disposition imposing the Plaintiff a total of KRW 131,481,570 (i.e., usage fee of the instant land from October 1, 2013 to December 31, 2014 (i.e., usage fee of KRW 47,739,670 for State property) on the charge of imposing KRW 83,741,90 for the use fee of State property.

(hereinafter "Disposition in this case"). / [Grounds for recognition] The entry in Gap evidence 1, 2, and 3, and Eul evidence 2 (including branch numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant cited Article 32 of the State Property Act and Article 22 of the Public Property Act under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 66(4) and (5) of the Act provides that “The State-owned or public property in an improvement zone that can be sold or leased by a private contract prior to others shall be deemed to have been abolished from the date of public announcement of authorization for the implementation of the project.” According to the above provision, the land in this case was classified into general property as of December 27, 201, which is the date of public announcement of authorization for the implementation of the project in this case.

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