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(영문) 부산지방법원 2014.06.12 2014구합589
변상금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of B large 117 square meters in Busan-gun, Busan-gun (hereinafter “instant one”) and the Defendant is the owner of C miscellaneous land 69 square meters in size (hereinafter “instant two land”).

B. D, its husband, at the time, newly constructed a building on both the instant land 1 and 2 owned by the Gyeongnam-do at the time (hereinafter “instant building”). Since around 1973, D obtained approval for use. On November 13, 1987, D stated that the ownership of the instant building was transferred from D to the Plaintiff on the building ledger.

C. The instant building, which is owned by the Plaintiff, occupies 25 square meters of the instant land in excess of the boundary of the instant land 1, which is a site entered in the public record.

(2) Of the instant land 2, the part of the said land possessed by the Plaintiff is 25 square meters (hereinafter “the part occupied in this case”).

On July 2, 2013, the Defendant issued a disposition imposing indemnity of KRW 480,750 in accordance with the Public Property and Commodity Management Act (hereinafter “previous disposition”) to the Plaintiff on the ground that “the Plaintiff occupied and used the instant portion without permission from January 1, 2008 to December 31, 2012” in accordance with the audit results of Busan Metropolitan City.

E. On September 5, 2013, the Plaintiff filed an administrative appeal on September 5, 2013, and the Busan Metropolitan City Administrative Appeals Commission rendered a ruling revoking the previous disposition on the ground that “the Plaintiff’s assertion on the prescriptive acquisition has no merit, but the claim on the period from January 1, 2008 to July 8, 2008 among the previous dispositions was extinguished due to the completion of extinctive prescription, and thus the disposition imposing indemnity for the said period is unlawful.”

F. Accordingly, on December 30, 2013, the Defendant imposed indemnity of KRW 432,980 on the Plaintiff on the ground that “the Plaintiff occupied and used the instant portion without permission from July 9, 2008 to December 31, 2012.”

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