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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who owns ① underground 4 floors, D buildings with 15 floors above ground, and ② appurtenant buildings used as the entrance to underground floors (hereinafter “instant appurtenant buildings”) constructed on the Seocho-gu Seoul Metropolitan Government Site B and C site (hereinafter “instant site”).
B. The instant site adjoins east to west and west along the Seocho-gu Seoul Metropolitan Government E road (hereinafter “instant road”), which is owned by Seocho-gu Seoul Metropolitan Government. The instant road is a road of 12 meters wide and 150 meters long, abutting on the Seocho-gu, Seoul Metropolitan Government, and the shape of the straight line, starting from a place adjacent to the instant land, and ending on the road at a point of 140 meters wide from the point of the road, until it reaches the point of 140 meters wide.
C. The Defendant confirmed that part of the instant appurtenant building was constructed on the land occupied by the instant road (hereinafter referred to as “the instant land”) and issued the instant disposition imposing KRW 194,110,000 as indemnity for the last five years (from January 14, 2014 to June 30, 2013) pursuant to Article 94 of the former Road Act (Amended by Act No. 12248, Sep. 11, 2013) pursuant to Article 94 of the same Act.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6, 9, Eul evidence Nos. 1, 3, and 4 (including serial numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff constructed the instant appurtenant building around 1989. At the time of the construction, the instant road was not designated as a road according to the procedure under the Road Act, and later, when designated as a road, the Plaintiff already occupied and did not provide for the general traffic, and the end of the west as soon as possible did not meet the form of the road, such as the vehicle’s failure to pass through, and thus, the instant land occupied and used.