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(영문) 수원지방법원 2016.06.28 2015구합67237
점용료부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 28, 2010, Samsung Development Co., Ltd. obtained permission from the Defendant (hereinafter “Defendant”) to occupy and use the first-class neighborhood living facility site outside A and third lots of land for the purpose of connecting the first-class neighborhood living facility site outside C and the general national highway B, for the purpose of connecting the first-class neighborhood living facility site outside C and third lots of land, and the first-class and third lots of land for the purpose of temporarily occupying and using the area of 1,108 square meters for 2,102 square meters for the purpose of permanent occupation and use (the area of permanent occupation and use is the entry into the site, and the area of temporary occupation and use is the area of horizontal work between the general national highway and the above site; hereinafter “instant land”).

B. On March 15, 2013, the Plaintiff acquired the above workplace site and succeeded to the rights and duties regarding the above permission to occupy and use the road. On March 15, 2013, the Defendant obtained the permission to change the purpose of the occupancy and use of the road to the entry into the factory site. At the time, the term of completion of the road occupancy and use construction in the instant land was added until June 30, 2013.

C. On July 25, 2013, the Plaintiff reported the commencement of road occupation works to the Defendant (the date of arrival, August 1, 2013, and December 31, 2013) and started road occupation construction works. However, on January 29, 2014, the Plaintiff applied for extension of the deadline for completion of road occupation works on the ground of delay of construction due to obstruction of construction, etc., and the Defendant extended the said completion deadline by December 31, 2014.

On March 24, 2014, the Plaintiff filed an application with the Defendant for confirmation of completion of road occupation works on the ground of the completion on March 7, 2014, and the Defendant confirmed it on March 25, 2014.

E. On April 17, 2014, the Defendant imposed KRW 81,851,880 on the instant land on the Plaintiff for 236 days from August 1, 2013 to March 24, 2014.

(f) The Plaintiff is dissatisfied with the instant disposition on June 25, 2014, and the Central Administrative Appeals Commission (the Central Administrative Appeals Commission).

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