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(영문) 서울행정법원 2019.08.22 2018구단78322
변상금부과처분취소
Text

1. The Defendant’s disposition of imposing indemnity against the Plaintiff on December 18, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. On December 8, 199, the Plaintiff completed the registration of ownership transfer on each of the lots of land D and E (hereinafter “instant building”) on October 7, 2003, with respect to the 1,564 square meters of land C in Seongbuk-gu, Seongbuk-gu (hereinafter “B Dong”). The Plaintiff newly constructed a building on each of the lots of land D and E (hereinafter “instant building”) and completed the registration of ownership transfer on May 11, 2004.

C Land was divided into 831 square meters in C miscellaneous land and 733 square meters in F miscellaneous land on October 16, 2001, and C miscellaneous land was combined with G land on July 3, 2018.

B. Korea completed the registration of ownership transfer on H land on October 4, 1995.

On April 7, 2005, an I ditch 428 square meters (hereinafter “instant land”) was divided from the above land. The instant land is adjoining to C land.

C. On the other hand, around 2004, the Plaintiff leased the instant building and the land adjacent thereto to Nonparty J, and J operated the said building as a restaurant and used the C land as a parking lot.

J carried out a package construction work on the site of an irregular parking lot, and during that process, the package construction was carried out to the part of 141 square meters (hereinafter “land without permission”) of the instant land adjacent to C, and occupied and used the parking zone line as a parking lot.

E. On April 27, 2017, K, 180 square meters and L, 211 square meters in each of the instant land were divided. On May 1, 2017, the land category of K’s land was changed from “crow” to “miscellaneous land.”

The divided K land includes the portion of the land occupied without permission.

F. On September 13, 2018, the Defendant notified the Plaintiff of the following matters under the title of the prior notice of State property indemnity.

If you have an objection to the imposition of indemnity by giving prior notice under Article 72 of the State Property Act as follows, due to the possession and use of the State property located in K without any loan agreement, you shall submit a written opinion attached by October 23, 2018 to the State.

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