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(영문) 서울행정법원 2015.01.14 2014구단54663
변상금부과처분무효확인 등
Text

1. All of the plaintiff's main claims are dismissed.

2. Of the Plaintiff’s conjunctive claim, “Defendant respectively on February 24, 2014.”

Reasons

1. Details of the disposition;

A. From August 1, 2006 to December 31, 2008, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with respect to the land of this case with the head of Sinjin-gun, Incheon, Incheon, the ownership of the Republic of Korea (hereinafter “B land”) and C forest land of 6,162 square meters (hereinafter “C land”). The Plaintiff occupied and used the instant land.

B. The Defendant, as an institution entrusted with the management of the instant land by the Republic of Korea pursuant to the State Property Act and subordinate statutes, imposed, or urged the Plaintiff to pay, the indemnity and late payment charges, from July 3, 2009 to February 24, 2014, on the ground that the Plaintiff occupied, used, without permission, the instant land after the termination of the instant loan agreement.

(hereinafter referred to as "each disposition of this case" and among them, the part of the notification urged again for the payment of the indemnity or late payment charge already imposed on the same period of occupation (hereinafter referred to as "instant demand disposition"). 【Ground of recognition' has no dispute, Gap 1 through 13, and 28 (including each number; hereinafter the same shall apply).

2. Judgment on the main claim

A. Each of the dispositions of the Defendant asserted by the Plaintiff is null and void, since there are significant and apparent defects as follows.

① The Plaintiff does not occupy part of the instant land.

Although the Plaintiff entered into the instant loan agreement and occupied and used the instant land, it does not exclusively occupy the instant land after the termination of the said agreement.

② Since the Plaintiff previously occupied each of the instant real estate in accordance with the instant loan agreement, the Plaintiff cannot impose indemnity for this portion.

(3) The purpose of the use of the instant land is for cultivation and residence.

Therefore, 10.0.00.

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