Challenge to penalty for using state land as parking dismissed
A lodging operator that used state road land as a parking lot sought to cancel a penalty charge and recover the amount paid, but the court dismissed all of its claims.
How the case unfolded
Background
Our client is an agency entrusted with managing state-owned property. It imposed a penalty charge of about 16 million won on a company operating a lodging facility, finding that the company had used state-owned road land in front of the facility as a parking lot without any lease. The company sued to cancel the charge and recover the amount it had paid.
Issues and ruling
The company argued that guests had simply parked there on their own and that it had not occupied the land. Pointing to the parking notice on the building wall and signs that the company had repainted the parking lines, the court found that guests parked there because of the company's own active conduct, and that the company had occupied and used the land.
Outcome
All of the plaintiff's claims were dismissed, and the plaintiff bears the litigation costs.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
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