logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.11.22 2013구합20449
변상금부과처분 무효 확인
Text

1. Disposition imposing indemnity of KRW 56,637,110 on the Plaintiff on October 3, 2012, and indemnification of KRW 24 October 2012.

Reasons

Details of the disposition

From around 192, the Plaintiff occupied and used as a warehouse site 173 square meters among 608 square meters owned by the Republic of Korea, and 4 square meters among 96 square meters in C cemetery as an access road, and 50 square meters in B’s land are used as a housing site.

On April 3, 2009, the Defendant filed a lawsuit against the Plaintiff seeking the payment of unjust enrichment equivalent to the royalty with the Busan District Court 2009Gahap6809, and the above court held on June 30, 2010, the Plaintiff occupied and used the above warehouse site and access road totaling 177 square meters (i.e., 173 square meters). As such, the Plaintiff paid the Defendant the unjust enrichment equivalent to the rent for the period from October 13, 2003 to April 12, 2010, to KRW 52,110,000, and the interest for delay equivalent to the rent for the period from October 13, 2008 to April 13, 2010, to KRW 748,00,000,000 from April 13, 201 to the date on which the Plaintiff’s possession of the above land or the date on which the ownership was lost (i.e., KRW 748, May 10, 2008).

Accordingly, on July 28, 2010, the Plaintiff paid the Defendant the amount of KRW 52,110,00 as above and interest for delay 1,95,909, and interest for delay 2,24,000 equivalent to the rent for three months from April 13, 2010 to July 12, 2010 (=748,000 x 3 months x 3 months) totaling KRW 56,309,909.

On October 4, 2012, the Defendant imposed indemnity of KRW 56,637,110 on the Plaintiff with respect to the warehouse site of KRW 173 square meters and access road of KRW 4 square meters under Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act as indicated in the following table:

(hereinafter referred to as "first taxation"). (The (unit: 2007 2,535,150 2,535,150 207/150 2007/150 to 2007/12/31 (69) from 2008 13,789,789,200 13,789,2008 01/001/2001/12/31 (36) 2008/2009 7,849,890 7,849,890 209 209/01/01/201 or 209/207/209/209/307/209/11) 2009, 209, 209/209/29/209/301/29/209/36/136/130/6/29/206/136/6/16/2030

arrow