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1.The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On September 10, 1997, Korea completed the registration of ownership transfer for the reason of the transfer of property due to the cancellation of the concession contract on January 11, 1994 with respect to the land B of Gwanak-gu, Seoul Special Metropolitan City, which was owned by Seoul Special Metropolitan City (hereinafter “instant land”).
B. The Plaintiff was established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and was entrusted by the Republic of Korea with the authority to manage and dispose of the instant land pursuant to Article 26(1)8 of the said Act, Article 42 of the State Property Act, and Article
C. Around June 1, 1987, the Defendant purchased Ddong building on the instant land from C, and completed the registration of ownership transfer as to the said building on the same day. Around August 25, 1999, E also purchased Fdong building on the instant land (a public wound area is 18.27 square meters, but the actual building area is 41.1 square meters) from C, and completed the registration of ownership transfer as to the said building on September 13, 1999.
On March 10, 2010, the Plaintiff notified the Defendant of the imposition of KRW 49,693,600 for the Fdong site as compensation under Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act, and Article 72 of the same Act for the Fdong site of KRW 18,006,470 for the Fdong site of KRW 41,00 for the reason that the Defendant used the above F and D building site without permission from February 8, 2005 to February 7, 2010.
E. The above F and D were all unauthorized buildings completed on June 20, 1970. The previous owners of each of the above buildings were issued a certificate of completion inspection from the Mayor of Seoul Special Metropolitan City pursuant to Article 5 of the Act on Special Measures for Arrangement of Specific Buildings (amended and promulgated by Act No. 3719, Dec. 31, 1983 and enforced until June 30, 1985; hereinafter the same shall apply).
(f).