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(영문) 청주지방법원 2019.04.04 2018구합765
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. Jeju-si owns B Daecheon-si B large-137 square meters (hereinafter “instant land”) and C large-729 square meters (hereinafter “instant land”).

B. The Plaintiff is a person who owns a building with D large-scale D 211 square meters (hereinafter “instant third land”) and three floors above that ground (Eelel; hereinafter “instant building”).

C. Each status of the instant lands Nos. 1, 2, and 3 is as shown in the annexed Form 1. Of the instant land No. 2, a fence (hereinafter “instant fence”) is installed on the ground that connects each point of (a) part of (a) part of (a) and 80 square meters in the ship connecting each point of the annexed Form No. 1, 2, 3, 4, and 1 among the instant land No. 2 and that of the annexed Form No. 1 and 4 corresponding to the boundary of the remainder of the instant land No. 2. 1 and 4.

The occupancy period of an annual amount of indemnity (A x 1.2) calculated on July 2013, 2013 to 4, 204, 500 won 2,220,370 won to 2,64,440 won to 184, 2014; 666,400 won to 4,564,840 won to 4,564,840 won to 208,67,840; 208,47,808,80 won to 208,97,940; 208,97,940,97,9640 to 205,97; 208,97,97,90 won to 205,97,965,50 won to 365,015 to 365,205,965 won to 205,564,65

D. On June 26, 2018, the Defendant issued a prior notice to the effect that the Plaintiff would impose indemnity on the ground that the instant land No. 1, which was owned by the Jeju City, was used without permission. On July 16, 2018, the Defendant imposed indemnity of KRW 28,319,920 (hereinafter “instant disposition”) on the Plaintiff pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 2, 3 and 4 are written and arguments.

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