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(영문) 수원지방법원 2017.03.24 2016구단2940
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The head of a local government shall collect an amount equivalent to 120/100 of usage fees or rents for public property or commodities (hereinafter “compensation”) from a person who uses or benefits from public property or commodities without permission for use or profit-making or a loan contract (including where he/she continues to use or profit from public property or commodities without permission for use or profit-making or loan contract after the expiration of the period of permission for use or profit-making or loan contract; hereinafter “unauthorized occupancy”), as prescribed by Presidential Decree, from a person who uses or occupies public property or commodities (hereinafter “unauthorized occupancy”).

The Enforcement Decree of the Public Property and Commodity Management Act [the main sentence of Article 81 (1)] The compensation under Article 81 of the Act shall be the amount equivalent to 120/100 of the aggregate of usage fees or rent calculated pursuant to Articles 14 and 31 for the period of occupying the relevant property without permission, or using or making profits from the property without permission for each fiscal year.

[The main sentence of Article 14(1)] The annual user fee under Article 22(1) of the Act shall be determined by the ordinance of a local government within the scope of at least 10/1000 of the appraised value of the pertinent property reflecting the market price, and it may be calculated in monthly or daily

[The main sentence of Article 31(1)] The loan charges for general property pursuant to Article 32(1) of the Act shall be determined by the ordinance of a local government within the scope of at least 10/1000 per annum of the appraised value of the relevant property reflecting the market price, and it may be calculated on a monthly

[Article 31 (7)] The amount of loan charges for farming purposes is equivalent to 1/10 of the loan charges calculated pursuant to paragraph (1) and the total agricultural revenue per unit area of agricultural household of the relevant City/Do recently announced (the statistics of Gyeonggi-do shall apply to Seoul Special Metropolitan City and Incheon Metropolitan City; Daejeon Metropolitan City and Sejong Special Self-Governing City; Chungcheongnam-do to Daejeon Metropolitan City and Sejong Special Self-Governing City; Jeonnam-do to Gwangju Metropolitan City; Gyeongnam-do to Daegu Metropolitan City; and Gyeongnam-do to Busan Metropolitan City and Ulsan Metropolitan City, respectively);

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