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(영문) 서울행정법원 2014.05.01 2012구단10782

변상금부과처분취소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Seongdong-gu Seoul Metropolitan Government completed the registration of ownership preservation on July 15, 1981, the Seongdong-gu Seoul Metropolitan Government completed the registration of ownership transfer on the ground of the property succession on May 1, 1988. < Amended by Act No. 3097, Dec. 29, 1988>

B. The Seongdong-gu Seoul Metropolitan Government completed the registration of initial ownership on July 15, 1981 for the 4,770 square meters of D-road (hereinafter “2 land”).

C. Seongdong-gu Seoul Metropolitan Government 73 square meters of road E (hereinafter “instant third land”) shall complete the registration of ownership transfer on June 1, 1938 by the Republic of Korea.

G completed the registration of transfer of ownership on August 18, 1939, with respect to the area of 112 square meters adjacent to each land of this case, Seongdong-gu Seoul Metropolitan Government, which is located adjacent to each land of this case, and H Dae-6 square meters completed the registration of transfer of ownership on August 18, 1967.

E. I completed the registration of initial ownership on August 12, 1969, after the building was newly constructed on July 29, 1969 on the above H and F land level (hereinafter “the building”).

F. On August 3, 199, Plaintiff A received a successful bid on the land above H and F and paid the price, and completed the registration of ownership transfer in its name on August 7, 199.

G. Plaintiff B received 3/10 of the instant building from the Plaintiff, his spouse, and completed the registration of ownership transfer on July 27, 200.

H. The instant building jointly owned by the Plaintiffs is beyond the boundary of the said H and F land, which is the land entered in the relevant public record, 34 square meters among the instant land, 16 square meters among the instant land No. 2, and 13 square meters among the instant land No. 3.

(A) Of each land of this case, the part of the above 63 square meters possessed by the Plaintiffs (hereinafter “the part of the instant land”).

The Defendant: (a) on April 2, 2012, on the ground that the Plaintiffs occupied and used the instant occupied portion without permission from April 1, 2007 to December 31, 201, the instant land was owned and used in accordance with the Public Property and Commodity Management Act; (b) the instant land was KRW 36,725,640, and KRW 15,739,560, respectively, against Plaintiff A in accordance with the Road Act.