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(영문) 부산지방법원 2013.11.22 2013구합21039
변상금부과처분취소
Text

1. The Defendant’s imposition of KRW 1,536,00 of indemnity against the Plaintiff on June 11, 2013 and the imposition of indemnity amounting to KRW 13,574,400.

Reasons

Details of the disposition

From around 192, the Plaintiff occupied and used as a warehouse site 173 square meters among 608 square meters owned by the Republic of Korea, and 4 square meters among 96 square meters in C cemetery as an access road, and 50 square meters in B’s land are used as a housing site.

On April 3, 2009, the Defendant filed a lawsuit against the Plaintiff seeking payment of unjust enrichment equivalent to the royalty with the Busan District Court 2009Gahap6809, and the above court held on June 30, 2010, the Plaintiff occupied and used the above warehouse site and access road totaling 177 square meters (i.e., 173 square meters). As such, the Plaintiff rendered a final decision that the Defendant paid the Defendant the above amount of unjust enrichment equivalent to the rent for the period from October 13, 2003 to April 12, 2010, to KRW 52,110,000, and interest for delay equivalent to the rent for the period from October 13, 200 to April 13, 2010, to KRW 748,000,000 from April 13, 201 to the date on which the Plaintiff occupies the above land, or to the date on which the ownership was lost (i.e., KRW 748, July 2000.

Accordingly, on July 28, 2010, the Plaintiff paid the Defendant the amount of KRW 52,110,00 as above and interest for delay 1,95,909, and interest for delay 2,24,000 equivalent to the rent for three months from April 13, 2010 to July 12, 2010 (=748,000 x 3 months x 3 months) totaling KRW 56,309,909.

On June 11, 2013, pursuant to Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act and Article 71 of the same Act, the Defendant imposed on the Plaintiff an indemnity of KRW 1,536,00 for the period from January 1, 2012 to December 31, 2012 (hereinafter “the first imposition”) with respect to the housing site of KRW 50 square meters (hereinafter “the second imposition”), and an indemnity of KRW 13,574,400 for the warehouse site of KRW 173 square meters and the access road of KRW 4 square meters (hereinafter “the second imposition disposition”).

[Grounds for recognition] The Plaintiff’s first disposition of imposition of the first disposition of the Plaintiff’s assertion as to the legitimacy of each of the dispositions stated in the Evidence Nos. 1 and 2, respectively, is 50 square meters = 48 square meters of the housing site.

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