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(영문) 서울고등법원 2015.04.16 2014누45347
변상금부과처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s indemnity against the Plaintiff on December 26, 2012 KRW 89,355,000.

Reasons

1. Details of the disposition;

A. Under Article 25 of the Road Act (amended by Act No. 5025 of Dec. 6, 1995), the Goyang City/Do 56 line was changed to City/Do 85 line on April 26, 2013 pursuant to Article 20 of the Goyang-si Notice No. 2013-133 of the Goyang-si.

(1) A road zone shall be determined, modified and publicly notified, and the main contents thereof shall be as follows:

(A) On January, 1, 200, the road and packaging works for the first City/Do C&4.8km Dong-dong L=4.8km Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

2. Project implementation period: A topographical map of at least 1/50,000 of the topographical map; from April 1, 1996 to December 199.

B. From June 197, the Plaintiff operated the F Driving Schools in Yongsan-gu, Yongsan-si, Busan-si, etc. (hereinafter “instant Driving Schools”), and the instant Driving Schools are abutting on the instant road to south.

The Plaintiff installed a retaining wall (hereinafter “the retaining wall of this case”) on a 151m2, 126m2, among 220m2, 3.26m2, among 426m2, and D road, and 241m2, among D road 1,185m2 (hereinafter “instant land”). The Plaintiff occupied the retaining wall as the site of the driving school of this case. The land of this case is included in the part determined and publicly notified as the said road zone.

C. While conducting a general inspection to investigate the actual state of public property, the Defendant confirmed the Plaintiff’s occupation and use of the instant land, and imposed an indemnity of KRW 89,35,000 for five years from 208 to 2012 on the ground that the Plaintiff occupied the instant land without permission pursuant to Article 94 of the Road Act (wholly amended by Act No. 12248, Jan. 14, 2014; hereinafter “former Road Act”) on December 26, 2012.

Provided, That the amount of indemnity shall be the road occupation fees.

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