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(영문) 서울행정법원 2015.10.15 2012구단25944
변상금부과처분취소
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. The Plaintiff is the owner of 618.2 square meters of the B religious site in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Plaintiff’s land”). The Plaintiff newly built a church building on the above land (hereinafter “instant church”) and obtained approval for use from the head of Gwanak-gu in Seoul Special Metropolitan City around November 30, 2009.

B. 14,190 square meters in the Seoul Special Metropolitan City, Gwanak-gu (hereinafter “instant school site”) are owned by the Seoul Special Metropolitan City, and D elementary schools (hereinafter “instant school”) are located on the above land, and the Defendant is a property manager of the instant land.

C. On March 22, 2012, the Defendant issued a disposition imposing KRW 32,152,240 (hereinafter “instant disposition”) on the Plaintiff, on the ground that the Plaintiff occupied and used the portion of 179 square meters of the pertinent school site without permission (hereinafter “instant land”) as the instant church parking lot pursuant to Article 81 of the Public Property and Commodity Management Act and Article 42 of the Seoul Special Metropolitan City Ordinance on the Management of Public Property under the jurisdiction of the Superintendent of the Office of Education, based on the imposition period from November 30, 2009 to December 31, 2011, the indemnity amounting to KRW 35,00,300 of the indemnity calculated based on the imposition period from November 30, 2009 to December 31, 2011, deducting the remainder of indemnity amounting to KRW 2,848,090 (from May 11, 207 to December 31, 2011).

The defendant on April 1, 2013

For the same reasons as described in the claim, at KRW 17,90,00, the indemnity amounting to KRW 17,718,810,00, calculated by the imposition period from January 1, 2012 to December 31, 2012, the instant school occupied the Plaintiff’s land, and imposed a disposition imposing KRW 17,718,810,00, which is the remainder of indemnity amounting to KRW 216,90 (from January 1, 2012 to December 31, 2012).

E. The Defendant on March 27, 2014

For the same reasons as described in paragraph (1), from January 1, 2013 to June 30, 2013, an indemnity of KRW 9,107,220 calculated based on the imposition period to the Plaintiff from January 1, 2013, subtracting KRW 234,30 of the indemnity accrued from the occupation of the Plaintiff’s land from KRW 8,872,890 of the indemnity was imposed.

(f).

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