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(영문) 부산지방법원 2018.10.26 2016구합25124
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 11, 1960, B Co., Ltd. (hereinafter referred to as “B”) newly constructed a steel fluorial fluorial roof building (hereinafter referred to as “instant building”) on the ground of 543 square meters in Busan Dong-gu, Busan, the third underground floor. In addition to the land in Busan Dong-gu, the said building was newly built on a 1,2,3,4,000 square meters in the attached Form 1 among the land in Busan Dong-gu, and 44 square meters in the attached Form 1,2,3,4, and 1 of G road (hereinafter referred to as “instant land”).

B on June 30, 1965, the land of the instant building was purchased from D, E, and F land that had been invaded by the said building, including 543 square meters in Busan Dong-gu, Busan, the land for the instant building, and completed the registration of ownership transfer for each of the above land on July 1969.

B completed the registration of initial ownership of the instant building on January 11, 1961, and was approved on April 10, 1962 and used as B’s business office from that time. On January 4, 1999, following the merger with the Plaintiff, the registration of ownership transfer was completed in the name of the Plaintiff (former trade name: H) on February 3, 1999.

The contents of the cadastral record and the registry concerning the land of this case are as follows.

The closed register (which is closed at the time of transfer to the card-type register on November 23, 1978) contains the following: (a) the land of this case (the Busan-dong G road of 15 square meters) is divided into the 566 square meters on September 23, 1968 and the registration of ownership was completed in the name of the Republic of Korea on the same day.

On September 23, 1968, the registration of preservation of ownership is stated as follows: (a) the card-type land cadastre (the date of February 3, 1977) of the Republic of Korea (the National Tax Service: the National Tax Service) has completed the registration of preservation of ownership on the land of 123 square meters of G road of Busan Dong-gu, Busan (hereinafter “instant land before division”).

On October 11, 2004, the land of this case was divided into the land of this case and the land of this case into 74 square meters in Busan Dong-gu, Busan, and on June 9, 200, the management agency of the Republic of Korea.

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