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(영문) 서울행정법원 2015.10.15 2013구단13665
변상금부과처분취소
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 is the owner of 618.2 square meters of the B religious site in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Plaintiff’s land”). The Plaintiff newly built a church building on the above land (hereinafter “instant church”) and obtained approval for use from the head of Gwanak-gu in Seoul Special Metropolitan City around November 30, 2009.

B. 14,190 square meters in the Seoul Special Metropolitan City, Gwanak-gu (hereinafter “instant school site”) are owned by the Seoul Special Metropolitan City, and D elementary schools (hereinafter “instant school”) are located on the above land, and the Defendant is a property manager of the instant land.

C. On March 22, 2012, the Defendant issued a disposition imposing KRW 32,152,240,240 on the Plaintiff, who deducted the remainder of the indemnity amounting to KRW 2,848,090 (from the indemnity amounting to KRW 35,00,30, which was calculated from November 30, 2009 to December 31, 201, pursuant to Article 81 of the Public Property Management Act and Article 42 of the Seoul Special Metropolitan City Ordinance on Public Property Management under the jurisdiction of the Superintendent of the Office of Education, on the grounds that the Plaintiff occupied and used the portion of 179 square meters (hereinafter “instant land”) out of the pertinent school site without permission for the instant church parking lot.

The defendant on April 1, 2013

For the same reasons as described in the claim, at KRW 17,90,00, an indemnity of KRW 17,935,80 calculated by the imposition period from January 1, 2012 to December 31, 2012, the pertinent school occupied the Plaintiff’s land and imposed an indemnity of KRW 17,718,810,00 (hereinafter “instant disposition”) after deducting the indemnity of KRW 216,90 (from January 1, 2012 to December 31, 2012) incurred by the Plaintiff from occupying the Plaintiff’s land.

E. The Defendant on March 27, 2014

For the same reasons as described in paragraph (1), from January 1, 2013 to June 30, 2013, an indemnity of KRW 9,107,220 calculated based on the imposition period to the Plaintiff from January 1, 2013, subtracting KRW 234,30 of the indemnity accrued from the occupation of the Plaintiff’s land from KRW 8,872,890 of the indemnity was imposed.

recognized.

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