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(영문) 서울행정법원 2018.01.16 2017구단62115
변상금부과처분취소
Text

1. The defendant's list as to the plaintiffs on each date stated in the Disposition Date column in the attached list is included.

Reasons

Details of the disposition

The Defendant managing each parcel of land indicated in the column for land in the separate sheet owned by the Republic of Korea (hereinafter “instant land”) from January 1, 2016 to December 31, 2016, on the ground that the Plaintiffs occupied each parcel of land indicated in the column for the occupied area in the above list among the instant land from January 1, 2016 to December 31, 2016, on April 5, 2017, against the Plaintiff, on March 17, 2017, imposed on the Plaintiff B, D, E, and F the indemnity against the Plaintiff C on April 11, 2017.

(2) The Defendant, without any prior notification, voluntarily determined the area of possession, without examining the portion possessed by the Plaintiffs, as indicated in the evidence No. 2 (including the provisional number), and the purport of the entire pleading. 1) The procedural defect of the instant disposition, without any prior notification. Therefore, the instant disposition is unlawful in violation of the Enforcement Rule of the State Property Act and the Administrative Procedures Act. Therefore, the Plaintiff occupied and used the land with the consent of the Defendant, and thus, the Defendant should impose the user fee under Article 32 of the State Property Act on the Plaintiffs. (b) The Defendant arbitrarily determined the area of possession without examining the portion occupied by the Plaintiffs.

C) The Defendant issued the instant disposition based on the publicly assessed individual land price that was mistakenly calculated. First of all, the determination and procedural defect are examined. According to Articles 21(1), (3), (4), and 22 of the Administrative Procedures Act, where an administrative agency imposes a duty on a party or imposes a disposition restricting his/her rights and interests, the Defendant shall first notify the parties, etc. of the matters such as “disposition’s title”, “matters constituting the cause for disposition and details of disposition and legal basis,” “where an administrative agency does not submit its opinion,” “the method of submission of opinion,” “the name and address of the agency that submitted its opinion,” “the deadline for submission of opinion,”

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