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(영문) 서울행정법원 2015.02.13 2013구단20434
변상금부과처분취소
Text

1. The Defendant’s disposition imposing indemnity against the Plaintiff on September 28, 2012 exceeds KRW 388,296,452.

Reasons

1. Details of the disposition;

A. From March 15, 1994, the Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “sanwon,” in the land (hereinafter “instant site”) and its ground (hereinafter “instant building”) on the land (hereinafter “instant building”) in Gangnam-gu, Seoul and 93-2, 93-2, the same as the Gangnam-gu, Gangnam-gu, Seoul (hereinafter “instant site”) from March 15, 1994.

B. At the time of opening the business, the Plaintiff leased the instant building site and the instant building, and acquired its ownership on June 3, 2002.

C. On July 9, 2012, the Defendant: (a) determined that the Plaintiff occupied the land of this case as part of the land of this case and the parking lot of this restaurant (hereinafter “the instant parking lot”); (b) on July 26, 2012, it was located in India (hereinafter “the instant delivery”); and (c) on July 1, 2012, the Defendant issued a notice of KRW 120 square meters during the instant delivery (hereinafter “the land of this portion”) to the Plaintiff on the land of this case and the part of the parking lot of this case (hereinafter “the instant parking lot”); and (d) on July 26, 2012, the Defendant issued a notice of KRW 10,000 from July 1, 207 to June 30, 2012 to the Plaintiff (amended by Act No. 11384, Apr. 14, 2012; and (e) notified the Plaintiff on July 20, 2014 (hereinafter “the instant parking lot”).

The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on April 22, 2013, and the said commission must calculate the five-year extinctive prescription period from July 1, 2007 to July 29, 2007 on the ground that the period of extinctive prescription should be calculated as of July 30, 2012, which was the prior notice date of the disposition, as of July 30, 2012.

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