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(영문) 대구지방법원 2021.01.20 2019구합26051
변상금부과처분취소
Text

1. The Defendant’s disposition of imposing KRW 118,770,750 on the Plaintiff on October 14, 2019 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff’s representative director B, on August 7, 2002, filed an application with the Defendant for approval for the use of the factory site and road other than the purpose of agricultural infrastructure on the grounds that (i) 135 square meters out of 3,307 square meters of E ditch at the time of racing (hereinafter “E before subdivision”), (ii) 1,511 square meters out of 3,604 square meters of 1,51 square meters of 1,51 square meters of 3,604 square meters of F ditch at the time of racing (hereinafter “F land”), among 4,641 square meters of G ditch at the time of racing (hereinafter “G land”), among 6,287 square meters of 4,641 square meters of Ga at the time of racing, and (iii) 6,287 square meters of Ga-si (hereinafter “G land”).

2) Accordingly, on August 10, 2002, the Defendant approved the use of the previous applied land for the purpose other than agricultural infrastructure and imposed the usage fee on B on August 12, 2002 through December 31, 2005.

3) From around 2005, B constructed and operated a factory on the land C (hereinafter “non-party factory”).

B. On August 12, 1998, H Co., Ltd. (hereinafter “H”) established by B for the purpose of the extension use of H on August 12, 1998, for the purpose of non-ferrous metal adjoining and duiting and duiting business, etc., filed an application with the Defendant on June 5, 2006 for approval of the use of agricultural infrastructure for the purpose other than the purpose of construction of a road for the purpose of construction of a road with respect to F land and G land for the purpose of continuing the operation of the non-party factory upon acquiring D.

2) On June 14, 2006, the Defendant: (a) to H on June 14, 2006, on the part of the previous application land, the Defendant: (b) to determine the period of use for agricultural infrastructure as the period from January 1, 2006 to December 31, 2008 with respect to the aggregate of the 1,51 square meters (the combined use for agriculture) out of the F land; and (c) to the 6,152 square meters in total among G land, the period of use of the 4,641 square meters in G land; (d) to grant an extension of the period of use for agricultural infrastructure; and (e) to the 4,641 square meters in G land; and (e) to impose KRW 1,078,80 on the ground that H used the 4,641 square meters in G land without permission from January 206 to May 206.

3) H is once again a policeman of early 2009.

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