logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.08 2016구합94
도로점용료부과처분취소
Text

1. Of the instant lawsuits, the part concerning the claim for revocation of the disposition of imposition of road occupation fees (1,496,880 won) in 2005 shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the land and building located in Gwangju Dong-gu B (former North-gu, Gwangju) (hereinafter “instant real estate”).

B. On December 17, 2010, the Plaintiff continued to use 24 square meters of a road in front of the instant real estate (hereinafter “instant road”) by obtaining permission for the extension of the occupancy period from the road management authority to secure a vehicle access road. At the time of December 17, 2010, the Plaintiff obtained permission for the extension of the occupancy and use period from the head of Gwangju Metropolitan City North Korea, the road management authority, for the occupancy and use period from January 1, 201 to December 31, 2013 (hereinafter “existing occupancy and use permission”).

C. On March 16, 2005, the head of Gwangju Metropolitan City North Korea imposed KRW 840,000 on the Plaintiff for the road occupation and use fees in 2005, but did not pay the Plaintiff. On February 22, 2010, the head of Gwangju Metropolitan City North Korea issued a notice of pre-announcement of seizure to the Plaintiff that “The Plaintiff seized the Plaintiff’s share in the Plaintiff’s ownership of the land located in YU-gun-gun-gun-gun (hereinafter “Road occupation and use fees in 2005”) on the ground that the Plaintiff was delinquent in paying the road occupation and use fees of KRW 1,496,880 (hereinafter “road occupation and use fees in 205”) by March 15, 2010, on March 25, 2010.

After October 1, 2011, the jurisdiction (including delinquent amount of road occupation fees, real estate seizure rights, etc.) over the road of this case was transferred to the defendant due to the administrative district readjustment ( border adjustment) on October 1, 201. On September 29, 201, the North-gu Seoul Metropolitan City Office released the full reduction due to the administrative district readjustment on the road occupation fees collected on September 29, 2005, and released the seizure of the portion of land owned by the plaintiff on December 23, 2015.

E. On September 2012, when the Plaintiff leased the instant real estate to E, the Plaintiff filed an application with the Defendant for change of permission to occupy and use the road to succeed to the Plaintiff’s rights and obligations of the existing permission to occupy and use the road, and the Defendant accordingly, on November 29, 2012, by Act No. 12248, Jan. 14, 2014.

arrow