Effect of the additional disposition of river occupancy charges imposed after the relationship of river occupancy terminates.

The term of occupation and use of a river site shall be extinguished by the expiration of the term of occupation and use according to the permission for the consideration for occupation and use of the river site. However, in cases where the occupation and use fees imposed on the river site are imposed erroneously, the management agency may additionally impose the occupation and use fees even after the termination of the relationship of occupation and use, so the above disposition is not void

Article 1 of the Administrative Litigation Act

Supreme Court Decision 75Nu54 delivered on August 29, 1975

Plaintiff 1 and one other

Gwangju Gun

The plaintiffs' claims are dismissed.

Litigation costs are assessed against the plaintiffs.

The disposition taken by the defendant against the plaintiff 1 on March 17, 1974 to additionally impose the river occupation and use fees specified in the attached Table (1) and the disposition to additionally impose the river occupation and use fees specified in the attached Table (2) against the plaintiff 2 shall be revoked. The costs of the lawsuit shall be borne by the defendant.

The plaintiffs collected earth and rocks with permission to occupy and use a river site for the purpose of collecting earth and rocks on the earth and rocks on the surface of the Gyeonggi-do East-si, Busan-si, 522,523,524, and the fact that the plaintiffs paid the river site occupation and use fees from the defendant on March 17, 1974 and the river site occupation and use fees in 1972 and 1973 from the defendant on March 17, 1974 that the plaintiff 1 added the entry in the attached Table No. 1, and the fact that the plaintiff 2 additionally imposed the entry in

The plaintiffs asserts that the disposition to additionally impose river site occupation and use fees should be imposed by the defendant, even though there is no provision that can be additionally imposed by the River Act or Gyeonggi-do Ordinance on the Collection of River Occupancy and Use Fees, since the disposition to additionally impose after the expiration of the period of permission to occupy and use the river site

The river site occupation and use fees for the river site shall be extinguished by the expiration of the period of occupation and use in return for the river occupancy and use, or when the occupation and use fees imposed on the river site occupation and use fees are imposed erroneously, the management agency may additionally impose the occupation and use fees even after the termination of the relationship of occupation and use, and therefore, the additional imposition of the occupation and use fees for the plaintiffs shall not be deemed a disposition for the invalidation of the year.

Therefore, the plaintiffs' claim of this case seeking revocation of the disposition of this case against the purport of nullification of the disposition of this case is without merit, and it is dismissed as it is without merit. It is so decided as per Disposition with the costs of lawsuit assessed against the losing party.

[Attachment]

Judges Han Man-Shan (Presiding Judge)