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(영문) 서울행정법원 2017.10.13 2015구합81089
변상금부과처분무효확인등
Text

1. The Defendant’s imposition disposition against the Plaintiff, ① the imposition disposition of indemnity as set out in [Attachment 1-6] Nos. 1-6 and 7.

Reasons

1. Details of the disposition;

A. The Plaintiff was originally owned by Dobong-gu Seoul Metropolitan Government, which was newly established on March 1, 1995, and the Gangnam-gu Seoul Metropolitan Government succeeded to the ownership of the instant land. The Plaintiff is a person who owns a house and a building for the purpose of use of neighborhood living facilities (hereinafter “instant building”) on the ground of 130 square meters (hereinafter “instant land”) holding a share of 183/205 shares.

B. Although the original building was not registered in the building ledger as an unauthorized building, the Plaintiff completed the registration of preservation of ownership on the building of this case on June 14, 1994, by obtaining a certificate of completion inspection from the head of Dobong-gu Seoul Metropolitan Government at the time of completion inspection pursuant to Article 6 and Article 7 subparagraph 1 of the former Act on Special Measures for Arrangement of Specific Buildings (amended by Act No. 6253, Jan. 28, 2000; hereinafter “Specific Building Act”), which was in force on September 30, 1985.

C. On July 1, 1994, on the ground that the Plaintiff occupied the instant land, which is a public property, without permission, the Defendant issued each disposition imposing indemnity as described in attached Table 1 (hereinafter “each disposition of this case”) each year after the first disposition imposing indemnity for the period from June 1, 1989 to May 31, 1994 under Article 87(1) of the former Local Finance Act (amended by Act No. 5647, Jan. 21, 1999; hereinafter the same shall apply) which was in force at the time, and issued each disposition imposing indemnity for the period from June 1, 1989 to May 31, 1994 (hereinafter “each disposition of this case”; hereinafter “disposition for arrears”) as shown in attached Table 1 to the same order.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 15, the purport of the whole pleadings

2. Judgment as to the primary claim

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