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(영문) 대전고등법원 2017.12.21 2017누13392
변상금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows: (a) the reasoning for the court’s explanation is that of the first instance court’s decision, except for the Plaintiff’s additional assertion as stated in Paragraph (2) below; and (b) such reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion 1) Article 81(1) of the Public Property Act provides that the compensation shall be collected only when the public property is used or occupied without permission for use or profit-making, or when the public property is continuously used or occupied without permission for use or profit-making after the expiration of the period of permission for use or profit-making. However, the corporation’s office, air conditioning room, and ice ice room (hereinafter “instant occupied part”).

(2) In the event that the permission was revoked before the expiration of the permission period, the disposition of this case is unlawful, since the Plaintiff’s possession of the part in this case’s possession does not constitute the grounds for imposing indemnity under Article 81(1) of the Public Property Act. (2) Even if the Plaintiff’s possession of the part in this case’s possession meets the requirements for imposing indemnity, the Defendant, in lieu of removing the facilities installed in the part in this case’s possession, provided that the Defendant would have the newly designated wholesale market-managing business entity pay compensation to the Plaintiff and have the Plaintiff succeed to the Plaintiff to use and benefit from the portion in this case’s possession until the consultation on the above compensation amount is reached, and thus, the instant disposition of this case is unlawful.

B. The fact that the Defendant’s permission of use and benefit on the instant occupied portion was revoked prior to the expiration of the original permission period is the party.

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