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(영문) 서울고등법원 2021.01.14 2019누68598
변상금부과처분취소
Text

The judgment of the first instance shall be amended as follows:

On January 21, 2019, the Defendant paid the changed prize of KRW 15,933,380 to Plaintiff A.

Reasons

The reasons for the entry of this case by the court of first instance are as follows: “ August 8, 2013” in the column for the occupation period of Plaintiff A in the second letter of the judgment of the court of first instance in the second letter of the judgment of the court of first instance, and “ August 8, 2018.” In addition to the entry of the letter box Nos. 3 through 9 following the letter box No. 5, the reasons for the entry of this case is as stated in the reasoning of the judgment of the court of first instance. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2) Determination A) The fact of recognition is that the previous owners of the building of this case, in accordance with the procedures prescribed by the specific building Act, receive a certificate of completion inspection on June 29, 1985, and completed each registration procedure on March 25, 1986, in the building management ledger and the building registration ledger and the building registration ledger on March 25, 1986, in accordance with the procedures prescribed by the Act, where the previous owners of the building of this case were issued a certificate of completion inspection on each of the buildings of this case on June 29, 1985.

The status of each building of this case recorded in the closed building management ledger at the time of registration shall be as follows:

(2) The result of the appraiser’s appraisal upon the commission of appraisal by this Court (hereinafter “the appraisal result of this case”) and the area of the part of the building D on the land located on each of the building of this case at the time of October 1985 was measured as follows: the total area of 65.1m2, and 3m2 per annum as indicated below, and the area of the part of building E in the building of this case was 4 and 52m2 per annum.

C In addition, as a result of the instant appraisal, the area occupied by the building D in the land located on each of the instant buildings at the time of August 2019 was 67.3 square meters in total of 1,2, and 3 square meters per annum as indicated below, and the area occupied by the building E is 4,5, and 6 square meters in total.

C) The cadastral articles of the cadastral Corporation as of June 20, 2013 are located in each of the buildings of this case.

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