1. The part against the plaintiff falling under any of the following subparagraphs among the judgment of the court of first instance shall be revoked:

The defendant on 2016.

Details of the disposition

On January 23, 2015, the Plaintiff owned a building without permission (hereinafter “instant building”) on both sides of the Songpa-gu Seoul Metropolitan Government D road No. 226 square meters owned by Songpa-gu Seoul Metropolitan Government (hereinafter “instant land”) by donation from C on January 23, 2015.

On March 30, 2016, pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), the Defendant issued a disposition to impose indemnity of KRW 828,820 (the occupancy period: from January 1, 2015 to December 31, 2015) on the Plaintiff on the ground that the instant building and its marina, etc. were invaded by 35 square meters among the instant land, and the Plaintiff occupied the said part without permission (hereinafter “the instant disposition”).

[Ground of recognition] A without dispute, each of the statements in Gap evidence Nos. 1, 8, 12, 13, 14, 21, and 22 (including a serial number) and the purport of the entire pleadings as to whether the disposition of this case is legitimate, the land of this case cannot be deemed administrative property solely on the ground that the land category of the land of this case is road. Since C acquired by prescription the occupied portion of this case, the plaintiff did not occupy the occupied part of this case without permission.

C only purchased the instant building from the former owner, and there was no intentional negligence as to the fact that the instant building was part of the instant land.

Judgment

Article 5(1) of the Public Property Act provides that “The public property shall be classified into administrative property and general property according to its purpose.” Article 5(2) provides that “Administrative property means property for public use, property for public use, property for business use, and property for preservation for public use” and Article 5(3) provides that “property under construction for the purpose of using property directly used or determined to be used for public use by a local government” and “property” shall be all public property other than administrative property.