logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.10.25 2019구합67104
공공용지 점유에 따른 원상복구명령처분 취소청구
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 April 1, 1998, the Plaintiff completed the registration of transfer of ownership on the ground of donation made on March 30, 1998, 1998 with respect to 1 39.67 square meters at a single-story store in Jongno-gu Seoul, Jongno-gu B large 200 square meters and above ground,

The Jongno-gu Seoul Metropolitan Government is the owner of Jongno-gu Seoul Metropolitan Government road 146 square meters (hereinafter referred to as the "instant land").

As the building in this case was expanded without permission, part of the building currently extended without permission (attached Form 1) is occupied of 13 square meters among the land in this case, such as “bbb” in the cadastral survey result map.

The status of unauthorized extension and occupancy shall be as shown in attached Form 2 (attached Form 7) photographs of the current status (attached Form 2).

Accordingly, on May 13, 2019, the Defendant ordered the Plaintiff to restore the occupied portion of this case to its original state by the deadline of June 14, 2019 pursuant to Article 83 of the State Property Act.

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the lawfulness of the disposition of this case, including Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 3 through 8, and the purport of the entire pleadings, did not recognize that the Plaintiff occupied the occupied part of this case by impairing the land of this case. The disposition of this case does not specify the location and area of the occupied part of this case. The disposition of this case is unlawful.

From April 1, 1998, the Plaintiff acquired by prescription the occupied portion of this case by occupying the occupied part of this case with the intention of ownership for twenty (20) years from April 1, 199.

The relevant Acts and subordinate statutes (attached Form 3) shall be as stated.

Judgment

The judgment on the first argument is based on the following circumstances, i.e., the Defendant, prior to the instant disposition, without permission, on November 14, 2018.

arrow