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(영문) 인천지방법원 2020.01.07 2019구단1200
국유재산변상금일부취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2002, the Plaintiff acquired a building of 232 square meters and its ground.

B. As a result of the survey conducted on June 3, 201, the Defendant confirmed that the Plaintiff used six square meters prior to Bupyeong-gu Incheon Metropolitan Government B (hereinafter “instant land”) as the site for the above ground building, and imposed KRW 1,527,380 of the indemnity on July 25, 201 pursuant to Article 72 of the State Property Act, from July 4, 2006 to June 3, 201, pursuant to Article 72 of the State Property Act, the Plaintiff filed an administrative lawsuit against the invalidity of the said disposition, and the Plaintiff was confirmed to have lost the said disposition.

The Plaintiff asserted that “the Plaintiff is only possessing only only part of the instant land, but also installing fences on or around the beginning of April 2014 at the Plaintiff’s boundary, and instead using the instant land.” Although the Plaintiff filed a lawsuit seeking confirmation of invalidity of the said disposition with this court (Seoul High Court 2018Nu46898) on April 24, 2018, the Plaintiff’s appeal (Seoul High Court 2018Nu46898) was dismissed on September 6, 2018 and became final and conclusive around that time.

In other words, the Plaintiff asserted the same purport and filed a lawsuit seeking confirmation of invalidity of the above disposition under this Court 2018Gudan51093, but the dismissal ruling was rendered on April 30, 2019, and the above judgment became final and conclusive around that time.

C. As a result of a re-survey conducted on August 24, 2012, the Defendant confirmed that the Plaintiff used six square meters of the instant land as the site for the instant building, and imposed KRW 1,926,650 of the indemnity on July 24, 2017 pursuant to Article 72 of the State Property Act, based on the imposition period from January 1, 2013 to July 24, 2017, pursuant to Article 72 of the State Property Act, as follows:

(hereinafter “instant disposition”) D.

The instant disposition was served on the Plaintiff on July 28, 2017.

E. As the Plaintiff did not pay indemnity within the payment deadline, the Defendant urged the Plaintiff to pay indemnity on several occasions, including October 12 (1) and May 10 (2) and July 3, 2018 (3) and September 20, 2018 (4).

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