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1. On February 18, 2016, Defendant Korea Asset Management Corporation imposes indemnity on Plaintiff on the disposition of imposing State property.
Reasons
1. Details of the disposition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established for a housing redevelopment and rearrangement project (hereinafter “instant project”) with the size of 25,344,80m2 in Changwon-si, Changwon-si. The Plaintiff approved the implementation of the instant project on December 27, 201, and announced it on the same day.
B. While carrying out the instant project, the Plaintiff occupied the sum of 3,197.0 square meters (hereinafter “instant land”) of D, and 13 square meters (hereinafter “instant land”) owned by Changwon-si, Changwon-si and Changwon-si, Changwon-si, which is owned by the Republic of Korea in the project area.
C. On January 26, 2015, pursuant to Article 32 of the State Property Act, Article 29 of the Enforcement Decree of the same Act, and Article 22 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), and Article 14 of the Enforcement Decree of the same Act, the head of Simsan Member imposed a disposition imposing a total of KRW 131,481,570 on the instant land from October 1, 2013 to December 31, 2014 (i.e., State property usage fees of KRW 47,739,670, KRW 83,741,90).
On July 21, 2015, the announcement date of the authorization for the implementation of the instant project, the Plaintiff filed a lawsuit seeking revocation of the imposition of usage fees against Defendant Msan District Court 2015Guhap20389, and on July 21, 2015, the said court rendered a judgment revoking the imposition of usage fees based on the premise that the instant land is an administrative property on the ground that the previous usage was abolished from December 27, 2011, which was the date of public announcement of the authorization for the implementation of the instant project, and the said judgment became final and conclusive.
E. On February 18, 2016, the Defendant Korea Asset Management Corporation imposed a total of KRW 104,154,640 on the instant land pursuant to Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act, from October 1, 2013 to January 12, 2016, on the ground that it occupied and used State-owned property to the Plaintiff without any loan agreement, and the head of the Defendant Msan Member Office imposed on the Plaintiff on March 3, 2016.