logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.27 2013구단23563
변상금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 497,559,640 of indemnity against the Plaintiff on September 4, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. Based on Article 16 of the former Housing Act (amended by Act No. 11243, Jan. 26, 2012) on November 8, 2007, the Plaintiff obtained approval from the head of Dongjak-gu Seoul Metropolitan Government for the housing construction project plan for the 64-31 and 272 plot of land from the head of Dongjak-gu Seoul Metropolitan Government.

B. Based on Article 86 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the head of Dongjak-gu announced on October 13, 201, pursuant to the Dongjak-gu Notice No. 2011-70 on National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff and the Pacific District Housing Association were designated and announced as the implementer of the urban planning facility project (park) project (park) project on the parcel of 154 lots, including the State-owned land of 98 parcels, including the 64-112 forest and field, in the east-dong, Dongjak-gu, Seoul Metropolitan Government (hereinafter “instant State-owned land”).

C. On March 15, 2012, the head of Dongjak-gu announced on March 15, 2012, pursuant to Articles 86, 88, and 91 of the National Land Planning and Utilization Act, the Plaintiff and the Sangdo M&C regional housing association were designated as the implementer of urban planning facility projects and announced the authorization of the implementation plan.

[This head of Dongjak-gu announced on June 28, 2012, the head of Dongjak-gu announced on October 4, 2012, Article 2012-12-128 of the Dongjak-gu notified on April 18, 2013, Article 2013-41 of the Dongjak-gu notified on April 18, 2013, Article 2013-105 of the Dongjak-gu notified on September 5, 2013, and Article 2014-36 of the Dongjak-gu notified on March 27, 2014.]

As above, the Plaintiff performed landscaping work and installed stairs to implement the urban planning facility project (park) project for which the implementation plan was authorized.

E. On September 20, 2012 and December 14, 2012, the Defendant transferred the right to manage the State-owned land of this case to the Plaintiff, and on September 4, 2013, the Defendant issued a disposition imposing KRW 497,559,640 (hereinafter “instant disposition”) on the ground that “the Plaintiff occupied and used the State-owned land of this case without a loan agreement,” based on Article 72 of the State Property Act, on the ground that “the Plaintiff occupied and used the State-owned land of this case from June 1, 2012 to September 2, 2013.”

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 18, Eul 3, the purport of the whole pleadings

2. This.

arrow