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(영문) 대구고등법원 2014.12.19 2014누350
변상금부과처분취소
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.

Reasons

1. Details of the disposition;

A. The plaintiff is a juristic person established on December 31, 2003 under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act for the purpose of contributing to the enhancement of citizens' transportation convenience and the sound development of the national economy by efficiently implementing the construction and management of railroad facilities and other projects related thereto. The defendant is a person who is delegated by the Daegu City under the provisions of [Attachment 2] of the Ordinance on the Delegation of Administrative Affairs by the Daegu City (hereinafter referred to as the "Seoul City") with the authority to manage public property loan, etc. pursuant to the provisions of [Attachment 2] of Article 2 of the Daegu City Ordinance on the Delegation of Administrative Affairs. The defendant joining the defendant (hereinafter referred to as the "participating") is a juristic person established on January 1, 20

B. The Intervenor filed a lawsuit seeking the revocation of the imposition of indemnity (hereinafter “previous lawsuit”) against the Defendant on August 22, 2007 by the Daegu-dong, Daegu-dong, 301-4 and 2,169.9 square meters (hereinafter “the land No. 1”), 301-6 and 880.7 square meters (hereinafter “the land No. 2”), the same 302-3 and 19,512 and 302-7 square meters (hereinafter “the above 302-3 land”), and the same 304 and 7,657 square meters, and 30,200.3 square meters in total, 304 and 30,200.3 square meters in a building site of the Dong-gu, Daegu-dong, Daegu-dong, Daegu-dong, which is a building site of the Dong-dong zone, against the Defendant, and the judgment of the Intervenor was revoked on August 22, 2007 only the part of the land that was occupied and used.

9.12. A final and conclusive date.

C. Accordingly, on April 28, 2008, the Defendant: (a) part of the land that the Plaintiff was deemed to possess and use in the previous lawsuit against the Plaintiff; (b) 2,169 square meters of land 1; (c) 880.7 square meters of land 2; and (d) 15,339 of land 302-3.

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