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(영문) 광주지방법원 2015.09.24 2014구합12086
변상금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 1,932,420 of indemnity against the Plaintiff on November 24, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s acquisition of land ownership and the construction of a company house on September 26, 1989 completed the registration of transfer of ownership based on the exchange contract dated August 25, 1989, with respect to the area of 217-3 large 1,004 square meters in Seocho-gu, Seoul Special Metropolitan City, Chungcheongnam-do, Seoul Special Metropolitan City, and the area of 174 square meters in 217-20 square meters in ri, 234-7 square meters in riri, and 234-7 square meters in ri-ri, 1214 square meters in ri-do.

On June 21, 1990, the Plaintiff newly constructed a reinforced concrete structure built on the ground of 217-3 large 1,004 square meters, and completed the registration of initial ownership. From June 21, 1990, the Plaintiff occupied and used the said 217-3 large 1,004 square meters and the said 217-20 square meters and the said 174 square meters and the said 234-7 square meters and the said 106 square meters and the said 234-7 square meters and the said 106 square meters as the site within the instant company house (hereinafter referred to as the “instant site”).

B. The new registration of the land of the Dai-gun and the defendant's acquisition of the ownership of the land of this case on or around June 1993, the head of Goung-gun, Goung-gun, Goung-gun, Goung-gun, the site of this case (hereinafter "the land of this case") is a real estate which exists separately from the site of this case in the cadastral map, and the land of this case is newly registered under the former Cadastral Act (amended by Act No. 4869 of Jan. 5, 1995; hereinafter the same shall apply) for the reason that the land of this case is unregistered in the cadastral book. The Republic of Korea completed the registration of ownership of the land of this case pursuant to Article 8 of the former State Property Act (amended by Act No. 4698 of Jan. 5, 1994; Act No. 14209 of Apr. 12, 199) and the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 14209 of Apr. 12, 1994). 194>

C. On November 24, 2014, the Defendant, who delegated the management of State property from the Republic of Korea to the Republic of Korea, occupies and uses the instant land without permission from the Plaintiff from November 25, 2009 to November 24, 2014 after undergoing the prior notification procedure.

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