1. The Defendant’s disposition of imposition of KRW 66,073,30 of indemnity against the Plaintiff on December 22, 2017 is revoked.

2...

1. Details of the disposition;

A. The Plaintiff is co-owner of the Seoul Jung-gu Bdong (hereinafter “Bdong”) C, D, E, and F-ground buildings (hereinafter “instant building”). A ground buildings, D ground buildings, E, and F-ground buildings were newly built as their original independent buildings, respectively, but they were consistent with one building around 1983.

The former E-ground building is an unauthorized building, and the register has not been created until now, and all three remaining buildings before the conformity were newly constructed by obtaining approval for use at the time of the new construction.

The Defendant is an owner of G-gu Seoul Jung-gu G road 283.9 square meters adjacent to the instant building.

B. On December 22, 2017, the Defendant, from November 1, 2012 to October 31, 2017, leased the part of 17.3 square meters of the above road (hereinafter “road”), among the above roads, to restaurant merchants (hereinafter “merchants”) for five years. The Defendant, on the wall of the instant building, occupied and used the controversial road without permission by fixing facilities, such as cooking and cooking, etc., on the ground that the Plaintiff occupied and used the road without permission, 66,073,30 won of indemnity.

(hereinafter referred to as “instant disposition”). DF G 【No dispute exists in the grounds for recognition, entry into Gap’s 1 through 5, and Eul’s 1 (including any number with any above number), the video of Eul’s 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 4(4) of the former Jung-gu Seoul Metropolitan Government Ordinance on the Collection of Occupancy and Use Fees and Occupancy Charges, etc. (amended by Ordinance No. 1419, Mar. 21, 2018) provides that “compensation shall be imposed within one month from the date on which he/she becomes aware of such unfair occupancy and use” (hereinafter “the instant Ordinance”).

(2) The Defendant issued the instant disposition after one month from the date on which the Defendant became aware of the Plaintiff’s occupation and use without permission (the exclusion period for imposition of compensation). 2) The Plaintiff’s key road is the merchant.