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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the container of the defendant is located outside of the land delivered by compulsory execution, it cannot be deemed that the defendant invadeds on the real estate delivered by compulsory execution. Even if the location of the domestic land is located, there is no intention to infringe on the utility of compulsory execution, as the defendant has installed a container by causing mistake as to the scope of the real estate delivered
B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.
2. Determination
A. To specify the spatial scope of one parcel of land, which is the object of the judgment on the assertion of mistake of facts, is not an area registered in the title book or the land ledger of the registry where the boundary of the cadastral map or forestry map is located, but the area of the land is registered differently from the actual one.
However, such registration shall be valid as a registration indicating the land in question.
Therefore, even if an auction was conducted by indicating the parcel number and the land register as recorded in the title section of the registry, but the actual area measured according to the forestry map or the boundary of the cadastral map of the relevant land is larger than that of the title section of the registry, insofar as the enforcement court did not render a separate judgment by accepting the objection to the execution procedure by either ex officio or by the interested parties, the area exceeding the land on the registry is part of the land which is the object of the auction, and is attributed to the purchaser with the area on the registry depending on the decision of permission for sale and the payment of the proceeds therefrom, and the auction is null and void due to the lack of identity between the land on which the object of sale is the object of sale and the registered land, or it cannot
(See Supreme Court Decision 2004Da1691, Dec. 23, 2005). The case returned to the instant case, health class, and the record reveals the Seoul Dongdaemun-gu C site.