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(영문) 서울행정법원 2016.09.22 2016구단53572
변상금부과처분 무효확인
Text

1. On June 18, 2015, the head of the D Elementary School imposed indemnity of KRW 50,009,460 on the network E, and against the Plaintiff A.

Reasons

1. Details of recognition and disposition;

A. F is the children of the deceased E (the deceased on May 3, 2013, hereinafter “the deceased”), and the Plaintiff A is the F’s children, and Plaintiff B and C are the inheritors of the deceased.

B. Around June 2006, F purchased an existing unauthorized building of 59.504mm2 (hereinafter “instant H building”) under the name of the deceased, which had existed in Guro-gu Seoul Metropolitan Government H ground and had already been removed due to a residential environment improvement project around June 2005.

B. Following the aggravation of the deceased’s health, F sold the instant H building to the Plaintiff on May 2, 2013, and on May 28, 2013, on behalf of the Plaintiff, filed an application for change of the name of the said H building with the head of the Gu on behalf of the Plaintiff A.

However, the head of Guro-gu rejected the application for change of name on the ground that the H building of this case was already removed around June 2005.

C. On October 2013, the head of Guro-gu deleted the existing unauthorized building ledger of the H building of this case, and newly built a ledger for the 38.91 square meters of an unauthorized building in Seoul Special Metropolitan City I’s land (hereinafter “instant I’s building”), and registered the deceased as the owner of the instant I’s building on the ground of a trade report as of May 28, 2013, and then replaced the owner of the instant I’s building from the deceased to the Plaintiff.

The head of the D Elementary School is an administrative agency that manages the Guro-gu Seoul Metropolitan Government I land, a public property under the Public Property and Commodity Management Act and the Seoul Metropolitan Government Ordinance on the Management of Public Property under the jurisdiction of the superintendent of the Office of Education. On June 18, 2015, on the ground that the deceased occupied the said I land through the H building of this case, he/she imposed a disposition imposing indemnity of KRW 50,009,460 (the occupied period between June 16, 2006 and May 27, 2013) on the deceased.

E. In addition, the head of the D Elementary School impose a disposition imposing an indemnity of KRW 4,541,620 (from May 28, 2013 to December 31, 2013) on the Plaintiff on June 18, 2015 on the ground that the Plaintiff occupied the I land through the instant H or the instant I building without permission, and on the Plaintiff.

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