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(영문) 서울행정법원 2019.09.24 2019구단51706
변상금부과처분취소
Text

1. The Defendant’s compensation amounting to KRW 12,137,340,00 against the Plaintiff on December 1, 2018.

Reasons

1. Details of the disposition;

A. On September 9, 2013, the Plaintiff received a donation of the three-story building (75 square meters in a site area, 88.13 square meters in a building area, hereinafter “instant building”) from Dongjak-gu Seoul Metropolitan Government D, and completed the registration of ownership transfer on the same day.

On June 4, 1973, E, the Plaintiff’s spouse, acquired ownership by purchasing the instant building, and on July 16, 2009, the ownership was transferred due to inheritance due to a future agreement division.

B. The Defendant, who was delegated the authority to impose and collect indemnity on a road by the Seoul Metropolitan Government, was in accordance with Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) on the ground that the Plaintiff occupied the land of the instant building as the site of the instant building on the ground that the Plaintiff occupied the land of the instant building without permission of the Plaintiff pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Disposition of this case”) among 16 square meters (the part indicated in the attached Form 1 drawings, hereinafter “the first possession part”) and C 5286 square meters (hereinafter “C land”).

The first disposition on December 1, 2018 - The possession period: October 1, 2013 to September 30, 2018.

- Amount: 12,137,340 won for the occupied portion, 5,827,360 won for the occupied portion, and 5,827,360 won for the occupied portion, on March 4, 2019 - Period of possession: from October 1, 2018 to December 31, 2018.

- Amount: Amount: 681,630 won for the first possession, 318,750 won for the second possession [based] of the absence of dispute, entry of Gap 1 through 6, 10, 10 evidence Eul 1, 2 and 9 (including additional numbers), and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i.e., the occupied part of the instant building) did not have the form of road until the time of construction of the instant building and did not have been determined and publicly notified as the road.

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