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(영문) 서울행정법원 2014.12.19 2014구합4863
변상금부과처분취소
Text

1. Attached Form 1 of [Attachment 1-1] Nos. 1 and 2 of [Attachment 1-1] that the Defendant imposed on the Plaintiff.

Reasons

Details of the disposition

On March 17, 1988, the Plaintiff acquired the ownership of the land and buildings owned by the Plaintiff and its surrounding areas of 93 square meters, C 16 square meters, and D 8 square meters, respectively.

On the ground of 93 square meters in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu B, Seoul, the 2nd floor and the 58.51 square meters in a 1st floor living facility, 2nd floor housing, 47.07 square meters in a 2nd floor (hereinafter “instant building”). The instant building is a sedi (hereinafter “instant sedi site”) with nine square meters in a 39 square meters in a building owned by the Republic of Korea (hereinafter “instant land”).

The Plaintiff is the owner of the instant building.

The instant land was originally part of the size of 40 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “Before subdivision”). On March 8, 1996, one square meter’s land was divided and became one square meter of a road in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant road”). As such, the current status was currently acquired as the land was divided into one square meter of a road in Gangnam-gu, Seoul.

The fenced by the instant building was originally constructed, but all of the instant land owned by the Republic of Korea was located within the fence, and the instant road was located outside of the fence.

The above fence was dismantled around February 5, 2001.

The status of each land above shall be as shown in attached Form.

2. Drawings are marked, and whether the instant building is constructed in any of the above lands shall be as shown in attached Form;

3. A drawing is marked;

As seen earlier, the authority to impose indemnity, etc. on the State-owned land located within the fenced before the removal of the existing fence, which is owned by the Republic of Korea, is entrusted to the Defendant, who is the head of the competent local government, but the Enforcement Decree of the State Property Act was amended by Presidential Decree No. 24495 on April 5, 2013.

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