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(영문) 서울행정법원 2013.11.27 2012구단26800
변상금등부과처분취소
Text

1. The Defendant’s fees for the use of public waters KRW 2,387,950 as of August 1, 2012, and the fees for the use of public waters as of October 16, 2012 to the Plaintiff 50.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of a building located on the land owned by Seongbuk-gu Seoul Metropolitan Government B river B (hereinafter “instant land 1”) and C large 253 square meters (hereinafter “instant land 2”) owned by Seoul Metropolitan Government.

B. On the premise that the instant land is “public waters”, the Defendant imposed KRW 5,377,570 on the Plaintiff regarding the size of 163 square meters of the occupied and used area among the said land, respectively, KRW 2,387,950 on August 1, 2012, and KRW 50,047,400 on October 16, 2012, and KRW 5,377,570 on the indemnity for the area of 62 square meters of the occupied and used area among the said land on August 17, 2012

(hereinafter referred to as the “disposition of Fees and Compensation for the Public Waters of this case”) C.

On August 17, 2012, the Defendant imposed an indemnity of KRW 5,543,100 on the Plaintiff with respect to the area of 76 square meters occupied and used among the above land, on the premise that the instant land 2 is “shared property”.

(hereinafter referred to as “the instant public property disposal”). [Grounds for recognition] A 1-1 through 5, and 8-1 through 13

2. Whether the disposition is lawful;

(a) The attached Form of the relevant statute is as follows;

B. (1) Article 2 Subparag. 1 of the Public Waters Reclamation and Management Act (hereinafter “Public Waters Act”) defines “river, lake, marsh, ditch and other water surface or water surface used for public purposes” as one of the “public waters subject to the application of the said Act, and “the meaning of public waters” under the Public Waters Management Act repealed by Act No. 10272.

Sea, Seashores,

(b) a river, lake, marsh, ditch or other water surface or water surface used for public purposes, which is State-owned;

In order to promote the public interest and to contribute to improving the people's living by preserving and managing public waters continuously and by efficiently using reclaimed land through environment-friendly reclamation.

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