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(영문) 부산지방법원 2016.07.22 2014구합1438
변상금부과처분취소
Text

1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant manages 60 square meters (hereinafter “instant land”) in Geum-gu, Busan (hereinafter “Seoul”) located in the vicinity of the B Middle School, and the Plaintiff owns a building with D. 137 square meters adjacent to the instant land and a building with the second floor above the ground level.

B. The B Middle School President, through a boundary survey on July 2, 2001, owned a slab building on the ground of 41 square meters of the instant land, and confirmed that the remainder of 19 square meters was a retaining wall construction. On August 22, 2001, the Plaintiff demanded on August 22, 2001 that the Plaintiff remove the Plaintiff’s building portion up to the boundary table, and imposed indemnity from 1997 on December 26, 2001.

C. On January 16, 2004, the Defendant: (a) deemed that there is no intention of possession with respect to construction work performed by the Plaintiff to prevent rainwater; and (b) excluded the time of imposing indemnity from the occupied area; (c) adjusted the time of imposing indemnity from January 1, 1997 to July 2, 2001; and (d) imposed KRW 1,818,320 of the indemnity from July 2, 2001 to December 2, 2003; and (b) imposed KRW 1,818,320 of the indemnity from July 2, 2004 to December 31, 2003 to demand additional payment of KRW 1,818,320 of the indemnity from January 1, 204 to December 31, 2003; and (d) imposed the indemnity from January 1, 2004 to December 31, 2015 to December 30, 2004.

The term of imposition shall be from July 2, 2001 to December 31, 201; 1,818,320; 1,320; 1,363; 2,740 to December 1, 2004; 702,330; 526,740 3, 205 to December 31, 2005; 30. 1 to 30. 68; 16. 8. 6. 16, 8. 16, 8. 20 to 3. 8. 1, 208; 4. 4. 1 to 4. 1, 208; 4. 4. 1 to 4. 1, 2008; 5. 719, 505; 6. 6. 1 to 1, 2007;

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