1. The Client's Situation
The client company received an advance notice of an impending imposition of indemnity (compensation charge) in connection with the use of state-owned property, and needed to review the legality of the disposition and possible responses. In particular, a legal review was required on whether the calculation of the assessed area and amount was appropriate, whether there was room to contest the indemnity imposition disposition, and whether additional legal liability could arise.
2. Your Legal Team's Advice
Your Legal Team reviewed the legality of the administrative disposition and the possibility of revocation, and organized practical response measures the company could take.
(1) Review of the indemnity imposition disposition: Analyzed the problems in the assessed area and the indemnity calculation method, and examined the possibility of partial revocation.
(2) Administrative litigation response strategy: Presented response measures for cases where the indemnity imposition disposition is unlawful, and explained the possibility that the court might grant partial or full revocation.
(3) Review of the possibility of a claim for return of unjust enrichment: Examined whether a separate civil claim could be pursued in addition to the indemnity imposition, and explained that the likelihood of this in practice was low.
3. Outcome
Through Your Legal Team's advice, the client was able to clearly review the legal basis of the indemnity imposition disposition and prepare a response rationale to defend against an unjust imposition. In addition, by analyzing in advance the possibilities of administrative litigation and additional claims, the client established a strategy to minimize the company's burden.