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(영문) 서울행정법원 2020.10.22 2020구단60577
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 December 17, 2015, the Plaintiff acquired ownership by winning a successful bid of 6,251 square meters in land B in the wife population B (in the case of land located in the wife population C, the lot number is specified only) and 1,782 square meters in Dmiscellaneous land (hereinafter referred to as “Plaintiff-owned land”) and E, D, F, G, H, I, J, K, K-based reinforced concrete hub roof 148 square meters in 148 square meters in 2nd, 2nd, 76 square meters in 2nd, and 13.5 square meters in 13.5 square meters in 2nd, a reinforced concrete slab roof in reinforced concrete structure (hereinafter referred to as “Plaintiff-owned building”), and in addition to the land owned by the Plaintiff.

B. In real estate owned by the Plaintiff, the Plaintiff’s 45 square meters of a M cemetery, N Cemetery, 301 square meters of a N cemetery, and 142 square meters of a K road (hereinafter “each of the instant lands”) are adjoining in sequential order. The specific cadastral status is as indicated in the attached Tables 1 and 2.

C. On February 6, 2020, the Defendant issued a disposition to impose indemnity of KRW 13,348,890 for the period from January 1, 2017 to June 30, 2019 pursuant to Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the State Property Act (hereinafter “instant disposition”) on the Plaintiff, on the ground that the Plaintiff used and made profits from the portion of 28 square meters among the 142 square meters of K-road, K-road 142 square meters of land, MM cemetery 45 square meters of land, and 252 square meters of the N- cemetery 301 square meters of land (hereinafter “the Plaintiff’s portion of possession from each of the instant land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1 through 6, 16, 17 (including paper numbers), and the purport of the whole pleadings

2. Attached Form 3 of the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. Although the actual use status of the part occupied by the plaintiff among each land of this case in the summary of the plaintiff's assertion 1 shall be deemed roads, the defendant is determined on the premise that the land category registered in M and N is a graveyard and the actual use status of land is a factory site.

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