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(영문) 서울행정법원 2019.10.22 2018구단71697
변상금부과처분취소
Text

1. On June 27, 2018, the Defendant: (a) 179 square meters in the Dong-gu Daejeon-gu Daejeon Metropolitan City; (b) 192.6 square meters in B; (c) 176 square meters in C; and (d) 823.

Reasons

1. Details of the disposition;

A. On December 24, 2008, the Plaintiff is a project implementer that implements the I residential environment improvement project (hereinafter “instant project”) within the Daejeon-gu Edong, Fdong, Gdong, and Hdongwon (hereinafter “instant project zone”) with the project implementation authorization under Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9401, Jan. 30, 2009; hereinafter “instant project implementation authorization”). On October 22, 2015, the Plaintiff is a project implementer that implements the I residential environment improvement project (hereinafter “instant project”) by obtaining the project implementation authorization under Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”).

B. At the time of the authorization to implement the instant project, a State-owned land was incorporated into the business area among the 179 square meters of A school site, B B, 303 square meters, 110.3 square meters of D railway site, and 1828.6 square meters of D railway site. At the time of the authorization to implement the instant project, the remaining parts of B B, 303 square meters of land and D railway site 2651.8 square meters of land (in B, 110.4 square meters of J. 303 square meters of land; D railway site was divided into the 1827.9 square meters of land from D railway site, 192.6 square meters of land B, J. 110.4 square meters of land, 823.9 square meters of land for D railway site, and 1827.9 square meters of land for K railway site were incorporated into the business area, and the land should be additionally named as “the land parcel number” and “the land parcel number” in the case.

C. Under Article 42(1) of the State Property Act, the Defendant: (a) delegated or entrusted the administrative affairs pertaining to the administration and disposal of general property owned by the State to handle the administrative affairs; (b) on June 27, 2018, on the ground that the Plaintiff occupied and used the instant land without any loan agreement, from April 23, 2016 to June 26, 2018; and (c) on the land A, KRW 14,604,30 for land B; and KRW 15,691,850 for land C; and KRW 15,691,850 for land C; and KRW 51,827,690 for land 581.3 square meters for land D; and (c) on the same ground that the Plaintiff occupied and used the instant land without any loan agreement.

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