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(영문) 서울행정법원 2015.11.26 2012구단10867

변상금부과처분취소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs are the owners of each building listed in the separate sheet.

B. The registration of ownership transfer under the name of the Seoul Metropolitan Government was completed on March 10, 1978 on March 10, 1978, and the registration of ownership transfer under the name of the defendant was completed on September 20, 198. The registration of ownership transfer was completed on November 29, 1979 for Jongno-gu Seoul Metropolitan Government Mro 360.8 square meters (hereinafter “the land No. 2”), and the registration of ownership preservation was completed on November 29, 1979 for Jongno-gu Seoul Metropolitan Government Nro 231 square meters (hereinafter “the land No. 3”), and the registration of ownership preservation was completed on March 6, 1992 for the land No. 231 square meters in the name of the Seoul Jongno-gu Seoul Metropolitan Government (hereinafter “the land of this case”). The Defendant is the management authority of each of the land of this case.

C. The building owned by the Plaintiffs is in possession of each of the instant land as shown in the separate sheet, and the Defendant imposed each of the instant dispositions (hereinafter “each of the instant dispositions”) upon the Plaintiffs on the ground that the Plaintiffs occupied each of the instant land without permission (hereinafter “each of the instant parts”) as indicated in the separate sheet pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

[Reasons for Recognition] Facts without dispute, Gap 1 to 20, 22 and 27 evidence (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion 1) Each of the instant lands is not a road as prescribed by the Road Act. As long as the Road Act is not a road, it becomes a property subject to prescriptive acquisition. As such, the Plaintiffs acquired the prescription by prescription, as they jointly and severally occupied and used for 20 years or more by their own intent to own each of the instant lands, and as a result, they jointly and severally occupied and used each of the instant lands for 20 years or more. (2) Article 81(1)1 of the Public Property Act provides that the property of the person who acquired the right by paying a reasonable consideration in belief that the nominal owner