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Reasons
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(영문) 서울행정법원 2015.09.18 2015구단6227
변상금부과처분취소
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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 22, 2013, the Defendant imposed an indemnity of KRW 9,663,840 and the indemnity of KRW 61,535,810 on the Plaintiffs, on the grounds that the Plaintiffs occupied and used the land of five parcels, including D and Jung-gu, Seoul, Seoul, which is owned by Seoul Special Metropolitan City or Jung-gu, without permission.

(hereinafter “instant disposition”). (b)

On August 23, 2013, the Plaintiffs filed a lawsuit against the Defendant to revoke the disposition of imposing indemnity (Seoul Administrative Court Decision 2013Gudan17810). On February 11, 2015, the said court rendered a judgment in favor of the Plaintiffs on the following: (a) that: (b) the Plaintiffs occupied and used part of the land outside Seoul Jung-gu D and five parcels without permission; but (c) the remainder was not occupied and used; and (d) the Defendant rendered a judgment that “the part of the Si/Gun/Gu property indemnity amounting to KRW 9,663,840 and the amount exceeding KRW 61,535,810 of the Si property indemnity amounting to KRW 671,157 and the amount exceeding KRW 26,81,279 of the Gu property indemnity amounting to KRW 61,535,810, respectively; and (c) the said judgment became final and conclusive on March 2015.

C. The Defendant on April 2015

9. From August 23, 2013 to March 12, 2015, the payment date of the initial disposition of this case, to KRW 671,150 (turf less than 10 won; hereinafter the same shall apply) and KRW 26,81,270 of the municipal property and KRW 26,81,270 of the municipal property and KRW 15% per annum for the State property and KRW 5,882,080 for the State property and KRW 15% per annum for the State property and KRW 156,380 for each State property and KRW 6,247,390 for the State property and KRW 156,380 for each State property and KRW 6,247,390 for the State property and KRW 390, respectively.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, each entry in Gap 1 through 7 (including the serial number), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Public property and goods that prescribe the plaintiffs' late payment charges.

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