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(영문) 광주지방법원 2016.04.21 2015구합2031
변상금부과고지취소
Text

1. The part of the claim filed by the Appointor A among the instant lawsuits shall be dismissed.

2. The plaintiffs (appointed parties) and the remaining designated parties.

Reasons

Details of the disposition

On August 20, 2015, the Defendant imposed KRW 2,587,300 of the State Property Act (hereinafter “State Property Act”) under Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the State Property Act, on the grounds that the Defendant occupied and used the F 394 square meters of the F 394 square meters of the land in leisure time to

In addition, on September 16, 2015, the Defendant issued a disposition of imposition of indemnity 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 ground that the Plaintiff and the designated parties B, C, D, and E (hereinafter collectively referred to as “the Plaintiff and the designated parties”) occupy and use part of 1,566 square meters of G miscellaneous land at a leisure time as indicated below (hereinafter “instant land”).

Of the other party’s portion of possession and the compensation amount for the occupancy period of the Plaintiff 1, the portion of the instant land used as a warehouse site: (a) 70 square meters out of the instant land used as a warehouse site from September 15, 2010 to September 14, 2015; (b) 2 designated parties B, from September 15, 2010 to September 14, 2015; (c) 70 square meters out of the instant land from September 15, 2010 to September 14, 2015; (d) 70 square meters out of the instant land among the instant land, were used as a warehouse site; and (e) 1,281,540 square meters out of the claim for imposition of indemnity from September 15, 2010 to September 14, 2015; and (e) 1,05 square meters out of the entire portion of the claim for imposition of indemnity from KRW 50 square meters out of the instant land.

A lawsuit seeking revocation, which contests a disposition, etc. of an administrative agency shall be instituted within 90 days from the date on which the relevant disposition is known, and where it has undergone an administrative appeal, etc., the lawsuit shall be instituted within 90 days from the date

(Article 20 (1) of the Administrative Litigation Act). The foregoing shall be taken into consideration.

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