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(영문) 의정부지방법원 2018.12.04 2018구합12973
변상금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 17,131,700 of indemnity against the Plaintiff on December 27, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The Plaintiff, a juristic person established for skiing ground business, etc., has its head office in the Geumcheon-ro 2536-ro 27, Seocheon-ro, Seocheon-ro, 2536-ro, and operated the Slone Star-ro (hereinafter referred to as “the instant Liart”).

The Plaintiff, without obtaining permission from the Defendant for the use of water from the Defendant as snow water, installed a dysium around the king (hereinafter “the instant river”) in the vicinity of the instant dysium (hereinafter “the instant river”) and used water from the instant river.

On January 15, 2015, the Defendant occupied and used the instant river without obtaining an occupancy and use permit pursuant to Articles 33 and 50 of the former River Act (amended by Act No. 15624, Jun. 8, 2018; hereinafter “former River Act”) and imposed KRW 31,541,540 on the Plaintiff on the ground that the Defendant used the river water without permission, based on the amount of indemnity for the occupancy and use of the river (40 square meters) under Article 37 of the former River Act and Article 43 of the Enforcement Decree of the River Act.

On August 4, 2015, the Plaintiff obtained permission to occupy and use the instant river from the Defendant from August 4, 2015 to December 31, 2019, setting the occupancy area of eight square meters. On September 16, 2015, the Plaintiff obtained permission to use river water, setting the permitted period from the head of Han River flood control office from September 16, 2015 to September 15, 2020, with the permitted quantity of 558 square meters per day.

On December 27, 2017, the Defendant additionally imposed KRW 17,131,70,00, which is the difference between the indemnity and the amount already paid, on the ground that “the indemnity under Articles 50 and 37 of the former River Act shall be imposed not on the actual quantity of river water, but on the basis of the permitted amount, not on the actual quantity of river water.”

(hereinafter “Disposition”). Donation of usage fees per ton charges and additional imposition amount per ton in 558 square meters/day 47.93 won 47.93 won 9,761,900 won 11,714,280 won 6,185,960 won 5.6

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