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(영문) 수원지방법원 2016.11.15 2014구합56377
국유재산 변상금 부과처분 취소
Text

1. The Defendant’s disposition of imposing indemnity amounting to KRW 445,92,570 against the Plaintiff on April 22, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the executor of the housing site development project for the housing site development project, for which the implementation plan for the housing site development project is approved under Article 2006-549 of the Ministry of Construction and Transportation’s notification on December 20, 2006 (hereinafter “instant project district”).

As the project district of this case was converted into the Bogeumjari Housing District on October 27, 2009, the said housing site development project was changed into the Bogeumjari Housing Construction Project.

B. On December 24, 2012, the management agency decided to abolish the land and changed to the Ministry of Strategy and Finance on December 24, 2012. The Defendant was entrusted by the Ministry of Strategy and Finance with the affairs concerning the management and disposal thereof.

C. On April 22, 2014, the Defendant imposed KRW 445,92,570 (hereinafter “instant disposition”) pursuant to Article 72 of the State Property Act on the ground that the Plaintiff occupied and used each of the instant land without any title from March 26, 2009 to March 25, 2014 (hereinafter “instant disposition”), and the specific calculation details of indemnity are as indicated in the following table.

【The occupation period of indemnity 209 29, 112, 540 from March 26, 2009 to July 30, 2009 35,301,830 from July 31, 2009 to December 31, 154, 2010 84,339,360 on January 1, 201 to December 31, 201, 201 to 365. 201. 365, 201. 365, 201; 456, 150 on January 1, 201 to 31, 206 to 361. 36, 201; 4. 1. 36, 201; 1. 1. 5, 201 to 5, 201; 1. 1. 1. 5, 2014

D. Meanwhile, on May 13, 2014, each of the instant land was transferred to the Plaintiff due to the acquisition of consultation on public land.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 10, Gap’s 15-1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On December 20, 2006, the Plaintiff asserted the housing site development project.

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