국유재산변상금채무부존재확인
1.The judgment of the first instance shall be modified as follows:
The plaintiff's primary claim is dismissed.
B. The plaintiff.
1. Basic facts
A. The head of Nam-gu Busan Metropolitan City (hereinafter referred to as the “the head of Nam-gu”) newly constructed a block structure cement gate and 214 square meters (hereinafter referred to as the “instant building”) on the land of Nam-gu Busan Metropolitan City (hereinafter referred to as the “instant land”) which is a general property owned by the State, and owned the instant land without permission, and imposed indemnity on B on the ground that B did not pay indemnity by the due date. As B did not pay indemnity within the due date, the Busan District Court rendered a seizure on the instant building as the Busan District Court’s East Busan District Court’s Branch Office of 5461 on February 16, 1995 (hereinafter referred to as the “instant seizure”).
B. On March 30, 2002, the Plaintiff purchased the instant building from B, and completed the registration of ownership transfer in the name of the Plaintiff on April 2, 2002.
C. On December 15, 201 and June 15, 201, the remaining head of the Gu continuously imposed indemnity against B, and made a disposition of deficits as to compensating for State property B (hereinafter “instant disposition of deficits”). D.
On December 2, 2012, the Plaintiff filed an application for the cancellation of the instant seizure, claiming that “The indemnity imposed after the instant seizure had already ceased to exist five years after the extinctive prescription of the collection right.” The Plaintiff paid KRW 2,077,570, the amount in arrears until the time of the instant seizure.
On December 4, 2012, the remaining head of the Gu responded to the Plaintiff on May 10, 1995 to the effect that “it is possible to cancel the attachment of the entire amount of the amount of compensation equivalent to KRW 24,071,070 (hereinafter “instant amount of compensation”) that was already incurred from May 10, 1995 to May 7, 2001,” and on December 14, 2012, the instant disposition on deficits was cancelled.
E. On March 15, 2013, the Plaintiff requested the south-gu head of the South-North Korean government to cancel the seizure of the instant case. However, on March 19, 2013, the remaining head of the South-North Korean government made the same purport.