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(영문) 서울행정법원 2016.01.29 2015구단55649
변상금부과처분 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 18, 1990, the Defendant is the owner who acquired the ownership of B, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”). The instant land is divided on November 18, 2014, and is the owner who acquired the ownership of B, Yeongdeungpo-gu Seoul Metropolitan Government and C, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “instant land”).

B. The instant land and the instant container are installed on each ground of Yeongdeungpo-gu Seoul Metropolitan Government D Land, E Land, and F Land (hereinafter “instant container”). The instant container is 6m2 out of the instant land. The instant container is installed on the instant land and both the F Land, and the prefabricated panel structure (hereinafter “instant prefabricated structure”). The instant prefabricated structure is 1m2 out of the instant land.

C. The instant corporeal movables and assembly structure were owned by G. However, H, the owner of the land in Yeongdeungpo-gu Seoul Metropolitan Government D, purchased them in the instant corporeal movables auction case No. 2013No1908, Nov. 4, 2013.

Pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”) and Article 81 of the Enforcement Decree of the same Act, the Defendant shall impose indemnity of KRW 15,147,940 from March 26, 2010 to November 30, 2010, imposition of KRW 22,639,80,000 from December 1, 201 to November 30, 201, imposition of indemnity of KRW 15,147,940 from March 21, 201, and imposition of KRW 21,639,80,000 from March 1, 201 to November 30, 201, and imposition of indemnity of KRW 31,00 from March 26, 2013 to December 31, 201, and from November 30, 2011 to December 13, 2013.

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