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Reasons
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(영문) 수원지방법원 2017.03.29 2016구단2339
변상금부과처분취소
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On the ground that the Plaintiff occupied and used B road B 162 square meters (hereinafter “instant road”) without obtaining permission without entering into a loan agreement, etc., the Defendant: (a) conducted a survey on the boundary and current status on June 11, 2014; and (b) notified the Plaintiff of the imposition and restoration order on September 17, 2014; (c) on October 13, 2014, the Plaintiff did not comply with the notification; (d) imposed indemnity and penalty equivalent to the amount of Do revenue (hereinafter “compensation”) on the Plaintiff (the imposition period: October 1, 2009 to September 30, 2014).

B. As the Plaintiff did not pay indemnity within the payment deadline, the Defendant, on several occasions including January 5, 2015 (1) and September 2, 2015 (2) and June 20, 2016 (3), demanded the Plaintiff to pay indemnity, but the Plaintiff did not comply with such demand and did not perform the restoration to the original state, on August 16, 2016, again, paid KRW 3,027,100 (hereinafter “instant demand for payment”).

C. After October 4, 2016, the Defendant urged the Plaintiff to pay KRW 3,027,100 in total, including indemnity, etc. (five vehicles).

[Ground of recognition] No dispute, Gap 2, 3, Eul 1 to 3, and 5, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant’s lawsuit of this case pertains to the Defendant’s demand for payment of indemnity, and the demand for payment cannot be subject to an appeal litigation, and the first disposition of imposition of indemnity of this case has expired with the period of filing the lawsuit, so the lawsuit of this case shall be dismissed as unlawful.

(b) When a person subject to a disposition of imposition of indemnity fails to pay it within the time limit, he/she may demand the payment thereof, and if he/she fails to pay it, he/she may collect it by the delinquent procedure.

At this time, the first demand is an administrative disposition that is subject to appeal litigation as a collection disposition.

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