(영문) 서울행정법원 2017.11.22 2017구단12196

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2017.11.22 2017구단12196

도로변상금 부과처분 무효확인 등

Text

1. The instant lawsuit shall be 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 the building on the ground B of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On March 21, 2017, the Defendant issued each disposition imposing indemnity of KRW 16,059,820 and KRW 15,845,690 to the Plaintiff on the ground that the instant building intrudes the building of Dongdaemun-gu Seoul Metropolitan Government 7.5 square meters and 7.4 square meters of D road (hereinafter “each disposition of this case”).

[Reasons for Recognition] No dispute, Eul's entry of evidence No. 1 and the purport of the whole pleading

2. Judgment on the lawfulness of the lawsuit

A. The Plaintiff did not commit each of the instant dispositions, and even if not, the instant building was constructed prior to the construction of each of the instant roads, and thus, it cannot be deemed that the unauthorized occupation of the instant building is subject to indemnity. Since the instant building occupied a road in a peaceful performance for about 40 years, the Plaintiff’s trust should be protected, each of the instant dispositions is unlawful, on the ground that each of the instant dispositions should be revoked by the instant lawsuit.

B. As to this, the defendant defenses that the lawsuit of this case is not in compliance with the period of filing.

On the other hand, "the date when the other party becomes aware of the disposition, etc.", which is the starting point of the filing period of a lawsuit as prescribed by Article 20 (1) of the Administrative Litigation Act, means the date when the other party becomes aware of the fact that the disposition, etc. was made by the notification, public announcement, or other methods. Thus, when the other party becomes aware of the fact that the administrative disposition was made by recognizing such fact by the other party, the filing period of a lawsuit as prescribed by Article 20 (1) of the Administrative Litigation Act shall be deemed to run. If the other party becomes aware of the fact that the disposition was made by social norms, such as service of the written disposition on the domicile

In addition, postal items shall be registered.

참조조문

-행정소송법 제20조 제1항

유사 판례

-의정부지방법원 2018.01.31 2017구단44

-서울고등법원 2017.12.01 2017누59835

-대법원 2017.03.09 2016두60577

-서울행정법원 2019.3.15.선고 2018구합5895 판결

-서울행정법원 2020.12.11 2020구합80844