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1. The Defendant imposed indemnity of KRW 35,840,40 on the Plaintiff on June 1, 2018, and usage fees of KRW 26,104,650.
Reasons
1. Details of the disposition;
A. On March 15, 2016, B Co., Ltd. (hereinafter “B”) obtained a building permit on a site of a total of 1,866 square meters of building area of 939.953 square meters, total floor area of 15,870.963 square meters, 3 square meters underground, and 20 square meters of ground and new construction of one unit of reinforced concrete structure and one unit of Class 1 and 2 neighborhood living facilities (hereinafter “instant building permit”).
The plaintiff filed a report on the change of the building owner under the permission of this case from B to the plaintiff, and the permission market accepted the above report on July 8, 2016.
B. On July 21, 2016, the Plaintiff obtained permission from the Defendant to occupy and use a road (hereinafter “instant permission to occupy and use the road”) with respect to the total area of 372 square meters of land indicated in the table and drawings of the attached Form [the land subject to the permission to occupy and use the road] owned by Yong-si for the purpose of using as an access road for construction vehicles according to the instant construction permit. The Plaintiff was exempted from the imposition of road occupation and use fees on the ground that the construction plan includes E out of the urban planning road.
C. On May 2018, the Plaintiff filed an application for revocation of the instant permission to occupy and use the instant road on the ground that the Plaintiff would file an application for permission to use public property.
On June 1, 2018, the Defendant revoked the instant permission to occupy and use the road and imposed KRW 82,329,060 on the road occupation and use fees, which have not been deemed exempted (hereinafter “instant imposition of the previous occupation and use fees”), and imposed indemnity of KRW 35,840,40,00 (hereinafter “instant imposition of indemnity”) on the ground that the Defendant occupied and used the total area of 120 square meters of land indicated in the attached Table [excess land] list and the respective land indicated in the drawings in excess of the area for which the instant permission to occupy and use the road was granted (hereinafter “instant imposition of indemnity”).
E. Meanwhile, the Defendant on the other hand, on January 2018.