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1. The Defendant’s disposition of imposition of KRW 50,963,100 against the Plaintiff on December 1, 2018 is revoked.
2...
Reasons
1. The circumstances leading to the imposition of indemnity under the Road Act. ① On June 25, 1999, the Defendant publicly announced the route recognition of “B” (a starting point: C: D) pursuant to Article 19 of the former Road Act (amended by Act No. 5894, Feb. 8, 1999; hereinafter the same shall apply).
(2) On December 26, 2001, the Plaintiff purchased the Dongjak-gu Seoul Metropolitan Government G G-gi 9 square meters and ground buildings (hereinafter “instant building”) adjacent to the said “B” from F on December 26, 2001, and acquired the ownership on February 21, 2002.
③ After the survey conducted on September 21, 2017 by the Korea Land Information Corporation at the request of the Defendant, it was confirmed that part of the instant building did not obtain permission to occupy and use a road, and that part of the instant building invadedd four lots of land adjacent thereto as indicated below (hereinafter “instant land”).
The Defendant issued a prior notice to the Plaintiff on August 31, 2018, to impose indemnity on the Plaintiff on the period from October 1, 2013 to September 30, 2018 in accordance with Article 72(1) of the Road Act, stating that “The period from October 1, 2013 to September 30, 2018” is 29,978,490,200 G road 228 m28 m28 m20,000 in the country of 322 m2,000 K road, 34,963,70 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,00 m2,00 m2,000.
hereinafter referred to as "disposition of this case"
(5) The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Seoul Special Metropolitan City Administrative Appeals Commission, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on May 27, 2019 (based on recognition). [This ground] fact that there is no dispute, Gap’s Nos. 1, 5, 8, 10, 13, and Eul’s Nos. 1 through 16 (each entry or video, including a serial number, and the purport of the whole
2. The road affected by the Plaintiff’s assertion is a place where the instant building has been used as a market aggregate for a period of not less than two hundred years without indicating the boundary stone and indication thereof. As such, the Road Act applies.