beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The Plaintiff filed a lawsuit seeking revocation of the disposition imposing a reimbursement and penalty on November 24, 2015, as stated in the purport of the claim, and the disposition imposing a road occupation and use fee in 2005. The court of first instance dismissed the request for revocation of the disposition imposing a road occupation and use fee, and dismissed the request for revocation of the disposition imposing a reimbursement and penalty.
In this regard, the plaintiff appealed only on the part of the claim for revocation of the disposition imposing road occupation and use fees, so this Court's judgment is limited.
2. Details of the disposition;
A. The Plaintiff is the owner of the land and building located in Gwangju Dong-gu B (former North-gu, Gwangju) (hereinafter “instant real estate”).
B. In around 1985, the Plaintiff continued to use the road road of 24 square meters in front of the instant real estate (hereinafter “instant road”) with the permission from the road management authority to occupy and use the road in front of the instant real estate.
C. On March 16, 2005, the head of Gwangju Metropolitan City North Korea imposed KRW 840,000 on the instant road on the Plaintiff, but the said imposition disposition was not made (hereinafter “instant imposition disposition”), and the Plaintiff did not pay the same.
Accordingly, on February 22, 2010, the head of Gwangju Metropolitan City North Korea sent a pre-announcement of attachment to the Plaintiff on the ground that “Road occupation and use fees of KRW 840,00 and additional dues KRW 1,496,880 (hereinafter “road occupation and use fees, etc.”) were delinquent, and on March 15, 2010, the head of Gwangju Metropolitan City North Korea voluntarily pays the amount of KRW 1,496,880 by March 15, 2010, and seized the Plaintiff’s share among the above land on March 24, 2010.”
After October 1, 2011, the instant real estate and road were incorporated into Dong-gu in Gwangju Metropolitan City as a result of the administrative district readjustment ( boundary adjustment) on October 1, 201, and the relevant materials on arrears (including the amount in arrears and the right to seize real estate) were also transferred to the defendant.
Accordingly, it has been received.