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(영문) 부산지방법원 2019.12.12 2019구합23709
변상금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a public institution established to promote the improvement of national residential life and the efficient use of land by acquiring, developing, reserving, and supplying land, developing, and maintaining a city, and constructing, supplying, and managing housing, and entered into an agreement on the consignment of compensation with the Governor of Gyeonggi-do, who is the road management authority of the said road, for the purpose of designating the project implementer of the construction of roads between South-do and Dong (State-do 23 lines; hereinafter “instant project”).

B. On April 15, 2019, the Plaintiff sent to the Defendant a request for consultation on the free reversion of the Plaintiff’s state-owned land on the premise that, in relation to the instant project, the land of 106 parcel 25,347 square meters (hereinafter “instant land”) including the land of 722 square meters (hereinafter “instant land”) should be gratuitously reverted to the road management authority, as an existing public facility, under the premise that the land of this case should be gratuitously reverted to the road management authority. However, even though the current state was a public facility such as road, the Plaintiff’s request for consultation on the free reversion of the Plaintiff’s state-owned land was classified and dispatched at the managing authority of the relevant land, and that “the request for consultation on

C. On June 14, 2019, the Defendant sent the Plaintiff a prior notice of the State-owned property indemnity and guidance for entering into a loan agreement (hereinafter “instant prior notice”) stating the following matters:

Prior notice of State property and guidance for concluding loan contracts;

2. As a result of occupying and using the instant land, which is State-owned property, in another corporation without any loan agreement, the State Property Act Article 72 of the State Property Act provides that if an objection is raised against the imposition of indemnity, prior notice of indemnity is given pursuant to Article 72 of the State Property Act, the State shall submit a written opinion no later than July 4, 2019, and if such opinion is not submitted within the said period, the State shall be notified that the indemnity will be

3. In addition, state property.

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