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(영문) 서울행정법원 2016.05.27 2016구단51064
변상금부과처분취소
Text

1. Disposition imposing indemnity of KRW 21,894,00,000 on the Plaintiff on December 5, 2014; and disposition imposing indemnity of KRW 22,855,00 on December 4, 2015.

Reasons

1. Details of the disposition;

가. 분할전 서울 종로구 B 대 23평은 1976. 8. 9. ㉠ B 대 18.2평(60.2㎡) 및 ㉡ C 대 4.8평(15.9㎡)로 분할되었고 갑 3호증의3 , 분할전 서울 종로구 D 대 47평은 같은 날 ㉢ D 대 6.2평(20.5㎡) 및 ㉣ E 대 40.8평(134.9㎡)로 분할되었다.

B. Around February 9, 197, the Seoul Jongno-gu Seoul Metropolitan Government accepted the Jongno-gu Seoul Metropolitan Government B large 18.2 square meters (60.2 square meters) and the Jongno-gu Seoul Metropolitan Government D large 6.2 square meters (20.5 square meters) (hereinafter “instant road”) around May 20, 1978, the land category of which was changed to a road around May 20, 197, and the land category of which was 23.1 square meters on June 13, 1994, was combined with the land of 92.2 square meters on G road, and the Jongno-gu Seoul Metropolitan Government H road was 349 square meters on March 31, 2010, which was combined with the land of 13.6 square meters on March 31, 2010 and became the Jongno-gu Seoul Metropolitan Government H362.6 square meters (hereinafter “instant road”).

Gap 6, 13 Evidence . C.

㉡ 서울 종로구 C 대 4.8평(15.9㎡) 및 ㉣ 서울 종로구 E 대 134.9㎡는 1996. 1. 16.경 합병되어 서울 종로구 C 대 150.8㎡(이하 ‘이 사건 토지’라 한다)가 되었다

Gap evidence 3-3. D.

On February 9, 1977, the Plaintiff completed the registration of ownership transfer on September 11, 1971 with respect to the share of 4/9 of the instant land due to inheritance. On January 30, 1979, the Plaintiff became a sole owner of the instant land after completing the registration of ownership transfer with respect to the inheritance shares of other inheritors among the instant land.

E. On March 11, 1964, the third floor building was newly constructed on the ground of Jongno-gu Seoul Metropolitan Government 23 square meters, Jongno-gu Seoul Metropolitan Government D large 47 square meters, and Jongno-gu Seoul Metropolitan Government 27 square meters on the ground of the land of Jongno-gu Seoul Metropolitan Government before subdivision. The Seoul Metropolitan Government was partially divided on August 9, 1976, the site of the building, and on February 9, 1977, the Jongno-gu Seoul Metropolitan Government 23 square meters and 47 square meters before subdivision, which were the site of the building of the building of this case, and the road of this case was partially destroyed by the former building of this case around April 197.

(f) A building partially destroyed (hereinafter referred to as “instant building”). The Plaintiff around January 1978.

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