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(영문) 청주지방법원 2017.08.10 2016구합10270
변상금부과처분취소
Text

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. On June 8, 1964, B, the Plaintiff’s founder, entered into a contract to purchase 32,700 square meters of forests and fields E of 182,760 square meters of Cheongju-si (Gu Chungcheongbuk-gun D; hereinafter “C Dong”) and 182,760 square meters of Cheongju-si (Gu Chungcheong-gun; hereinafter “C Dong”), and paid the purchase price on June 15, 1964.

B. Meanwhile, among the above E forest land, the 32,700 square meters purchased as above was F or G forest, and the remaining parts surrounding the surrounding land were divided into H land prior to the division (hereinafter referred to as “H land”). On July 10, 1964, F forest was divided into the 23,538 square meters prior to I (hereinafter referred to as “instant land”); J forest was divided into the 450 square meters from K, and G forest was converted into the 8,712 square meters prior to L.

Meanwhile, from the instant land on December 4, 1982, the said land was divided into the land of 12 lots in total from 44,035 square meters to 5,60 square meters in M, 5,718 square meters before N, February 11, 1983, 26, February 26, 1983, and 4,767 square meters before P, June 25, 1987, and Q, 5,95 square meters before Q, following the division, merger, and land category change, and the said land was divided into the land of 12 lots in total from 14,035 square meters to 5,690 square meters in lots.

C. B, on July 30, 1964, completed the registration of ownership transfer on the instant land, but on February 13, 1965, completed the registration of ownership transfer on the ground of donation to the Plaintiff, and thereafter, the Plaintiff demolished the existing building on the instant land from around 1982 to 2003, and newly constructed and extended 20 buildings on the instant land to be used until now.

The Defendant, as a result of the current situation survey, occupied and used without permission the Plaintiff’s possession of 6,274 square meters of 2,697 square meters of 2,839 square meters of 1,078 square meters of 1,505 square meters of 1,505 square meters of 8,473 square meters of 573 square meters of 5, and 2,226 square meters of 2,467 square meters of 5,06 square meters of 5,000 square meters of 5,000 square meters of 5,000 square meters of 6,274 square meters of

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