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Reasons
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(영문) 서울행정법원 2017.07.12 2017구단53159
변상금부과처분취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff owns an unauthorized building on a 20.8 square meters above 69.4 square meters owned by the Republic of Korea (hereinafter “instant building”).

B. From June 1997, the Defendant imposed indemnity on the Plaintiff on the ground that the instant building was 1.6 square meters in Seoul Jung-gu Road (hereinafter “instant road”) among the roads located in Jung-gu Seoul Special Metropolitan City (hereinafter “instant road”). On November 18, 2016, the Defendant confirmed that the instant building was actually 4 square meters in the instant road according to the result of the survey conducted by the Vice Governor of the Seoul Special Metropolitan Government Vice Governor of the Korea Land and Information Corporation, and issued a disposition imposing indemnity of KRW 5,586,70 on the Plaintiff on January 11, 2017 (hereinafter “instant disposition”).

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion outlined the road of this case is merely a building with D and keys, not a building of this case, and the building of this case does not interfere with the road of this case.

The Plaintiff already paid the occupation and use fees for the illegal occupation of the building in this case to the Korea Asset Management Corporation that manages the property of the Republic of Korea.

Meanwhile, the indemnity imposed on the Plaintiff was calculated on the basis of the officially announced value of the site, not on roads.

Therefore, the instant disposition should be revoked as it is unlawful.

B. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 8, Eul evidence No. 1, and Eul evidence No. 69.4 square meters, the part connected to the road of this case among the part adjacent to the road of this case in Jung-gu Seoul, Jung-gu, Seoul. The fact that four buildings are keyed in the order of buildings, D buildings, this case buildings, and equipment and facilities, and the part of the road of this case as indicated in the cadastral survey result map prepared by the Vice Governor of the Seoul Central Land Information Corporation on Nov. 8, 2016, among the roads of this case as indicated in the cadastral survey record map prepared on Nov. 8, 2016, appears to be clear that it is not the front part of the building of this case,

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