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(영문) 서울행정법원 2019.01.24 2018구단67131
변상금 부과처분 취소
Text

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. The Plaintiff’s building details on the register of the building on the land of Jung-gu Seoul and 15 lots, Jung-gu, and Jung-gu, and 15 lots, are indicated as “the two-story business offices of iron bars, beanche, slock slock slock slock slock slocks, 873.04 square meters per floor

The above building is a building located in the D market, and many people including the plaintiff share shares.

A person who owns a part of the shares and operates a store that sells cosmetics, etc. (hereinafter referred to as “instant store”) in part of the said building.

B. On October 31, 2011, the Plaintiff purchased shares of 18,265.05/32,94.72 of the above building during the voluntary auction procedure. On June 7, 2012, the Plaintiff additionally purchased shares of 2,350.17/32,94.72 of the above building during the voluntary auction procedure. As above, it can be recognized that the instant road is designated as a road zone under the Road Act, according to the Ministry of Land, Infrastructure and Transport’s confirmation by the Ministry of Land, Infrastructure and Transport of 16,836.4 square meters (hereinafter “the instant road”), among Seoul, where part of the eavess of the instant building were adjacent to it, prior to acquiring the said shares in the voluntary auction procedure.

The plaintiff and the defendant do not specifically dispute that the road of this case constitutes the road subject to the Road Act.

It was installed on the part corresponding to 19 square meters among them.

C. On October 18, 2017, the Defendant, without obtaining permission to occupy and use a road, gave prior notice to the Plaintiff that he/she would impose indemnity amounting to 19 square meters on the ground that he/she occupied and used a part equivalent to 19 square meters of the instant road, and on November 27, 2017, issued a disposition imposing indemnity of KRW 124,868,000 (the area occupied and used: 19 square meters: November 1, 2012 to October 31, 2017) (hereinafter “instant disposition”).

The Plaintiff is dissatisfied with the instant disposition on February 2, 2018, and the Seoul Special Metropolitan City Administrative Appeals Commission.

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