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Reasons
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(영문) 서울행정법원 2020.01.09 2019구합68282
학교용지부담금 채권관리 태만으로 인한 변상판정 취소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On May 1, 2012, North Daegu Metropolitan City imposed a charge of KRW 67,259,640 (including additional charges of KRW 3,202,840; hereinafter the same shall apply) on the D Apartment Rebuilding Project Association (hereinafter “D Association”) (hereinafter “D Association”), but D Association attached E Apartment F (hereinafter “instant apartment”) on July 24, 2012, which was owned by D Association, and completed the attachment registration of the instant apartment on July 26, 2012.

B. Around January 2013, a cooperative requested the Daegu-gu Seoul Metropolitan City North-gu Association to cancel the attachment of the instant apartment on the ground that “G that entered into a sales contract on May 2, 2011 with respect to the instant apartment” was “the actual ownership of the instant apartment.”

C. On January 11, 2013, 201, the Daegu metropolitan City North-gu did not accept the above request of the D Association and did not take measures to secure separate bonds, and revoked the relevant attachment registration. G completed the registration of ownership transfer for the instant apartment on April 2, 2013.

On December 31, 2015, the North-gu in Daegu Metropolitan City was already dissolved (the date of the registration of dissolution, September 30, 201) by the D Association and disposed of 67,259,640 won of the charges for school site charges of D Association due to the lack of any property as a result of property inquiry.

E. On March 22, 2018, the Defendant recognized the liability for damages of the amount of seizure (school site charges of KRW 67,259,640) that could not be recovered by cancelling the registration of seizure by removing the seizure of the building site charges and cancelling the seizure of the building site charges in the building department of the building site in the North-gu Seoul Metropolitan City, Daegu-gu, Incheon Metropolitan City (hereinafter “instant compensation judgment”) and determined that the Plaintiffs are liable for compensating for each amount of KRW 22,419,80 to the North-gu, Daegu-gu, Seoul Metropolitan City (hereinafter “instant compensation judgment”).

(f)The head of Daegu Metropolitan City North Korea shall be this.

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