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(영문) 서울고등법원 2019.08.28 2018누75117

변상금부과처분취소

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons stated by the court in this part are the same as the corresponding part of the judgment of the first instance except for the modification as follows. Thus, this part of the reasoning is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Under 3, “126 square meters” next to “126 square meters” in the 8th parallel below 3 pages, the “(the current lot number is N)” is added to “19 through 22, and 10 square meters” in the 7th parallel below the 3th parallel below the 7th parallel below “(the current lot number isO)” and the “41 square meters” in the 6th parallel below the 3rd parallel below the 6th parallel below the “41 square meters” added to “19 through 22, and 19.”

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the first disposition in this case is lawful

A. A summary of the Plaintiff’s assertion 1) The location of the land prior to the instant amendment is as shown in Appendix 1. The key land of this case is neither the location of the land prior to the instant amendment nor the location of the land prior to the instant amendment. Although the Plaintiff did not occupy the land prior to the instant amendment without any permission, the disposition of this case rendered by the Defendant to the Plaintiff is significant, obvious and invalid. 2) The land first is the land owned by the Plaintiff, which is owned by the Plaintiff, and is not the land unlawfully reverted to the Republic of Korea, and

Even if ownership is owned by the Republic of Korea, the prescriptive acquisition on the part of the Plaintiff’s possession was completed, and the Plaintiff’s possession is legitimate based on the retroactive effect of prescriptive acquisition, and thus, the first disposition of this case should be revoked illegally.

B. In full view of the record and video of the evidence Nos. 2 and 3 as to whether the disposition No. 1 of this case was null and void, the Defendant occupied without permission while rendering the instant disposition.