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(영문) 서울행정법원 2016.06.09 2014구합4771
변상금부과처분무효확인등
Text

1. The head of Dongdaemun-gu Seoul Metropolitan Government stated the details of the imposition of indemnity No. 1 in attached Form 8, respectively, against Plaintiff K.

Reasons

1. Details of the disposition;

A. The attached Form 1 and 2 “land subject to the imposition of indemnity” refers to the general property (it refers to the “miscellaneous property” until the State Property Act was amended by Act No. 9401, Jan. 30, 2009; hereinafter the term “general property”) among the State property.

B. The head of Dongdaemun-gu Seoul Metropolitan Government issued each of the plaintiffs as stated in the “date of Disposition” column 1 on the same date and time as indicated in the “Date of Disposition” column for the imposition of indemnity, on the ground that the plaintiffs occupied the land without permission due to the plaintiffs' possession of the building on each of the land of this case. The defendant imposed each of the same amount as stated in the “amount of imposition” column for each of the plaintiffs on the same date as stated in the “Date of Disposition” column for the attached Table 2 “Date of Disposition.” Based on the same reason, the defendant imposed each of the plaintiffs on each of the same amount as

(hereinafter referred to as "each of the above dispositions of this case" shall be deemed to be "each of the dispositions of this case").

On June 19, 2013, pursuant to Article 38(3) of the Enforcement Decree of the State Property Act, the Defendant was entrusted by the office of general administration (Minister of Strategy and Finance) with the affairs concerning the management and disposal of each parcel of land indicated as the "land subject to the imposition of indemnity" and the litigation related thereto. Accordingly, the head of Dongdaemun-gu Seoul Metropolitan Government transferred all of the affairs concerning the management and disposal of each parcel

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 24 (including each number), Gap evidence No. 29-1, 2, Gap evidence No. 30, and 31, the purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits of this case is 90 days from the date on which the plaintiffs became aware of each of the dispositions of this case, and each of the dispositions of this case.

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