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(영문) 부산지방법원 2015.02.13 2014구합1018
변상금납부고지처분무효
Text

1. Disposition of imposition of indemnity amounting to KRW 762,720, imposed on the Plaintiff on September 12, 2013, and indemnity amounting to the Plaintiff on November 12, 2013.

Reasons

Details of the disposition

A. On the ground that the Plaintiff occupied the land of 689 square meters among the 764 square meters in Busan Geum-gu B water supply site (hereinafter “instant land”), the Defendant imposed on the Plaintiff, on September 12, 2013, an indemnity of KRW 762,720 (in September 2013), and an indemnity of KRW 11,096,560 on November 12, 2013 (i.e., KRW 5,291,690 on July 2012) (i.e., KRW 5,743,540 on July 5, 2013, KRW 61,30 on September 61, 2013).

(hereinafter “each disposition of this case”). (b)

The land of this case is the land divided from the land of Geumcheon-gu Busan Metropolitan Government C (hereinafter referred to as the "Masan-gu") (hereinafter referred to as the "C"), which is divided into the land.

D The land owned by C was divided into B (the instant land) on December 26, 1967 and was expropriated as a water supply site, and the remaining land was divided into E site.

C. On the existing land, two houses owned D (hereinafter “instant building”) were located on the ground of the instant land, but all were located on the ground of the instant land.

(A) On April 4, 194, D died and succeeded to F. F. F. F. on August 6, 1993, after the registration of preservation of ownership was completed on the instant building, donated to G on September 13, 1993 and completed the registration of transfer of ownership.

G is the spouse of the plaintiff.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 16, argument and judgment of the whole pleadings

A. The Plaintiff’s assertion as follows is unlawful and thus the disposition of this case should be revoked, even if it is not so, as the defect is significant and apparent (main claim).

(Preliminary Claim). The reason why the Defendant rendered the instant disposition to the Plaintiff is that the instant building occupied 689m2 of the instant land without permission. Since the instant building is owned by G, it imposes indemnity on the Plaintiff, not the owner of the instant building.

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