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(영문) 서울행정법원 2014.11.21 2014구단53516
변상금부과처분취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 25, 1960, the original vocational development plan newly constructed a building with a building area of 477.65 square meters in Jung-gu, Jung-gu, Seoul and 25-1 large 476 square meters, 31-12 large 55.9 square meters in Jung-gu, Jung-gu, Seoul, and 31-12 large 31-12 large 55.9 square meters (hereinafter “the building of this case”). The building of this case was not located within the boundary of two lots of land, but was in contact with the boundary of several lots of land adjacent thereto.

B. On December 28, 1979, the Plaintiff purchased the instant building and two parcels of the said site from the original unemployment dispute resolution committee, and completed the registration of ownership transfer on December 31, 1979.

C. On July 1, 2012, Defendant Korea Asset Management Corporation was entrusted with the affairs concerning the management and disposal of general property owned by Seoul Special Metropolitan City pursuant to Article 43-2(1) of the former Public Property and Commodity Management Act (amended by Act No. 12201, Jan. 17, 2014; hereinafter “former Public Property Act”). Although the instant building was located in the part of 1.8 square meters of the land (hereinafter “the part over which the boundary of Si maintenance”) due to breaking the boundary of 44-4 and 7.6 square meters in Jung-dong, Jung-gu, Seoul Special Metropolitan City, which is general property owned by Seoul Special Metropolitan City, the Plaintiff without permission from January 1, 2013 to December 31, 2014; and on April 28, 2014, Defendant Korea Asset Management Corporation imposed indemnity of KRW 198,000,000 under Article 81(1) of the former Public Property Act.

(hereinafter “instant No. 1 Disposition”) D.

On the other hand, the head of the Gu among the defendant, the building of this case was determined and announced as urban planning facilities (road) on December 8, 1962 by the public notice of the Construction Department as of May 6, 199 under the Road Act as of May 199 by the Jung-gu Seoul Special Metropolitan City public notice of May 6, 199.

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