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1. The Defendant’s disposition of imposition of KRW 6,601,850 to the Plaintiff on May 26, 2014 is revoked.
2...
Reasons
1. On May 26, 2014, the Defendant imposed KRW 6,601,850,000 on the Plaintiff on the premise that the Plaintiff occupied and used 667 square meters of the 3,385 square meters of the 3,385 square meters of the 3,385 square meters of the Kimpo-si road (hereinafter “instant road”).
(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 3-1 and 2-2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) since the plaintiff did not occupy and use the road of this case at the beginning, and the period of permission for occupation and use expires, the disposition of this case based on the premise that the plaintiff obtained permission for occupation and use of the road of this case is unlawful. 2) The defendant's assertion that the plaintiff continued to occupy and use the road of this case, such as parking and piling up goods, although the plaintiff did not use the part of the road of this case as the access to the factory of this case for the plaintiff's possession and use of the road of this case, and on the condition that the plaintiff uses the road of this case as the access to the road of this case when he grants permission for the construction of the factory building to be newly constructed on the land of Kimpo-si
However, even though the period of occupation and use of the road in this case has expired in 2009, the Defendant did not apply for occupation and use permission by the end of 2009, and the period of occupation and use was extended ex officio for 10 years.
Ultimately, since the plaintiff occupies and uses the road of this case with the permission to occupy and use the road of this case, the disposition of this case imposing the fees is legitimate.
B. Determination of relevant statutes attached to relevant statutes
C. Around August 2001, Nonparty 1 was divided into E land with a size of 4776 square meters (1658 square meters among them on April 17, 2002) owned by Kimpo-si, Kimpo-si, Kimpo-si.
The land and the factory building on the ground shall be specified only with a lot number not exceeding the above.
(b).