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(영문) 수원지방법원 2018.08.09 2018구합280
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. On July 23, 2010, the Plaintiff obtained approval from the Defendant for the use of the buildings for religious facilities (intersections) on the ground 1,542.5 square meters for the religious facilities (intersections) from the Defendant, and occupied part of 5,469 square meters for the Plaintiff’s church’s entry into the parking lot for the Plaintiff’s church in Mai-si, Gwangju, a City/Do from that time

(hereinafter referred to as the “instant road”) b.

On December 11, 2015, the Defendant notified the Plaintiff that the Defendant would levy the occupation and use fee for the period from July 201 to December 2015, 201 by guiding the procedure for applying for the occupation and use of the instant road.

C. On June 24, 2016, the Defendant imposed and collected KRW 4,466,50 in total, and value-added tax amounting to KRW 4,66,650 in total, from July 201 to December 2015, the occupation area of the instant road was 25 square meters, and from July 2011 to December 2015, on and from June 24, 2016.

(hereinafter “First Prior Disposition”) D.

On July 26, 2016, the Plaintiff filed an application with the Defendant for permission to occupy and use the instant road. On July 27, 2016, the Plaintiff obtained permission from the Defendant for entering the road for the purpose of occupation and use, the area of 25 square meters, and the period of occupation and use from January 1, 2016 to December 31, 2019.

E. On July 28, 2016, the Defendant imposed and collected the Plaintiff KRW 1,141,250 in total of KRW 1,03,750 for road occupation and use fees, KRW 1,037,50 for the period from January 1, 2016 to December 31, 2016, with respect to the instant road, and the amount of value-added tax imposed and collected on the Plaintiff.

(f) On February 28, 2017, the Plaintiff filed an administrative lawsuit seeking revocation of each of the above dispositions with the Suwon District Court (U.S. District Court 2017Guhap498; hereinafter “instant prior lawsuit”), and on September 13, 2017, the Suwon District Court only can impose indemnity on the Plaintiff during the period of occupation and use of the instant road without obtaining permission to occupy and use the road, and it cannot collect usage fees retroactively.

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