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(영문) 서울고등법원 2017.02.08 2016누69255
변상금부과처분 무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Plaintiffs subject to adjudication, Plaintiff B, and C filed a claim against the Defendant to verify the invalidity of the disposition imposing indemnity amounting to KRW 50,009,460, which was imposed on the network E on June 18, 2015, and the Defendant won in the first instance trial. Since the Defendant did not file an appeal against the judgment invalidating the above disposition imposing indemnity against the network E, the judgment of the first instance court against Plaintiff B and C became final and conclusive. As a result, the subject of adjudication in the appellate trial is only the part of the claim for confirmation of the invalidity of the disposition imposing indemnity amounting to KRW 4,541,620 on the Plaintiff and KRW 7,604,100 on August 3, 2015.

2. Basic facts and circumstances of dispositions.

A. F is a deceased E (Death on May 3, 2013, hereinafter “the deceased”), and the Plaintiff is F’s child.

B. Around June 2006, F purchased, under the name of the Deceased, the existing unauthorized building (J (hereinafter “instant H building”) of the 59.504mm2, which was located in Guro-gu Seoul Metropolitan Government H ground and was already removed due to a residential environment improvement project around June 2005, in the name of the Deceased.

C. Following the aggravation of the deceased’s health, F sold the instant H building to the Plaintiff on May 2, 2013, and on May 28, 2013, on behalf of the Plaintiff, filed an application for change of the name of the said H building with the head of the Gu on behalf of the Plaintiff.

However, the head of Guro-gu rejected the application for change of name on the ground that the H building of this case was already removed around June 2005.

Around October 2013, the head of Guro-gu deleted the existing unauthorized building register of the H building of this case and newly constructed a register of an unauthorized building (registered number: K: hereinafter “the instant I building”) located on the Guro-gu Seoul Metropolitan Government I land (hereinafter “I land”), and registered the deceased as the owner on May 28, 2013, and changed the owner of the instant I building from the deceased to the Plaintiff on the ground of a sale report as of May 28, 2013.

(e)The Director of the D Elementary School shall be the Public Property and Commodity Management Act and

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