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1. The Defendant’s disposition of imposition of KRW 2,107,280 of indemnity against the Plaintiff on August 20, 2012 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On November 10, 1968, the Plaintiff purchased each land listed in [Attachment 1, (2) [Attachment 1, (2] and (2) [Attachment 1] and (3) (hereinafter “the instant house”) of the same list above land, and resided there. The Plaintiff completed the registration of ownership transfer on November 10, 1968 with respect to land due to sale as of November 14, 1983 (hereinafter “Special Assistance Act”) under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer (amended by Act No. 3562 of Apr. 3, 1982; hereinafter “Special Assistance Act”).
B. On February 27, 1976, the Republic of Korea completed the registration of initial ownership on the land listed in Section 4 of the [Attachment List (hereinafter “instant road”) under its own name, and registered the instant road as administrative property on the register of State property, but did not designate the instant road as “road” under the relevant statutes, such as the Road Act, or determine to use it for public purposes through an administrative disposition.
C. The Plaintiff occupied and used 41 square meters (hereinafter “instant land”) among the instant roads located within the wall of the instant housing, as the site and the front end of the instant housing, since the purchase of the land and the instant housing.
On June 28, 2012, the Defendant issued an order of prior notification of indemnity and voluntary removal of unauthorized occupancy facilities on the ground that the Plaintiff occupied 35 square meters of land in the instant dispute without permission, and on August 20, 2012, the Plaintiff failed to comply with the above order, and on August 20, 2012, B (competent authority: Ministry of Land, Transport and Maritime Affairs, the Ministry of Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs, and Article 72 of the State Property Act and Article 56 of the Enforcement Decree of the same Act.