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(영문) 서울고등법원 2015.11.06 2014누4506
변상금부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Seongdong-gu Seoul Metropolitan Government completed the registration of ownership preservation on July 15, 1981, the Seongdong-gu Seoul Metropolitan Government completed the registration of ownership transfer on the ground of the property succession on May 1, 1988.

B. The Seongdong-gu Seoul Metropolitan Government completed the registration of initial ownership on July 15, 1981 for the 4,770 square meters of D-road (hereinafter “2 land”).

C. Seongdong-gu Seoul Metropolitan Government 73 square meters of road E (hereinafter “instant third land”) shall complete the registration of ownership transfer on June 1, 1938 by the Republic of Korea.

G completed the registration of transfer of ownership on August 18, 1939, with respect to the area of 112 square meters adjacent to each land of this case, Seongdong-gu Seoul Metropolitan Government, which is located adjacent to each land of this case, and H Dae-6 square meters completed the registration of transfer of ownership on August 18, 1967.

E. I completed the registration of initial ownership on August 12, 1969, after the building was newly constructed on July 29, 1969 on the above H and F land level (hereinafter referred to as the “instant building”).

F. On August 3, 199, Plaintiff A received a successful bid on the land above H and F and paid the price, and completed the registration of ownership transfer in its name on August 7, 199.

G. Plaintiff B received 3/10 of the instant building from the Plaintiff, his spouse, and completed the registration of ownership transfer on July 27, 200.

H. On April 2, 2012, the Defendant, as co-owner of the instant building, occupied and used the instant land of KRW 34 square meters from April 1, 2007 to December 31, 201, in excess of the boundary of the above H and F land, which is the land on the public register of the instant building, and KRW 16 square meters from the instant land, and KRW 13 square meters from the instant land of KRW 36,725,640, and KRW 15,560 from the instant land, pursuant to the Public Property and Commodity Management Act (hereinafter “Public Property Act”), the instant land was subject to the disposition imposing each indemnity of KRW 36,725,640, and KRW 15,739,560 against the Plaintiff under the Road Act (hereinafter “instant disposition”).

[Grounds for recognition] Nos. 1 through 1.

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