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(영문) 대전고등법원 2016.09.01 2015누10986
변상금부과처분취소
Text

1. Revocation of the first instance judgment.

2. Of the instant lawsuit, the instant case that the Defendant rendered to the Plaintiff on March 6, 2014.

Reasons

1. The grounds for this part of the basic facts are as follows: “G” entered in the column of land subject to the No. 1 of the table No. 3 of the judgment of the court of first instance in the table No. 1 of the judgment shall be as “G” (hereinafter “G”), “4 land” in the No. 5 Chapter 1 shall be deemed as “four land”; “original Defendant” in the No. 7 of the same face No. 7 shall be deemed as “original Defendant”; “the instant notice sheet attached to the notice slip No. 6 of this case in the separate sheet of this case shall be attached in convenience order; the pertinent land shall be specified; and the same shall apply to the table No. 6 of the judgment of the court of first instance except for each indemnity and late payment charge with the number attached thereto; thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.”

2. Determination on the defense prior to the merits

A. The Defendant asserted that the Defendant imposed and urged the Plaintiff several times of imposition of indemnity and late payment charge on the Plaintiff according to the Plaintiff’s object and period of occupation without permission. The instant notice is not the first one among the series of repeated demands. This is not a collection disposition, which is a prerequisite for disposition on default, but cannot be a subject of an appeal litigation. Thus, the instant lawsuit is unlawful.

B. (1) In a case where an illegal occupant of land, etc., which is State property, fails to pay the indemnity by the designated time limit in the notice of payment such as indemnity of the Office of Administration, it may be compulsorily collected in accordance with the procedure for default of national taxes. If the manager of state property demands again the same demand after urging the payment of indemnity or late payment penalty, only the first demand shall be an administrative disposition that is subject to appeal litigation, and the same demand thereafter shall be a collection disposition that is a premise for disposition on default, which is merely a simple peremptory notice under the Civil Act, rather than a demand for interruption

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