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(영문) 서울행정법원 2019.08.29 2018구단76029
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 entered the building title section in the building registry of the above E-owned building B in Guro-gu Seoul Metropolitan Government, 530 square meters of a gas station, 50 square meters of the above C gas station, 137 square meters of the above D gas station, 16 square meters of the above E-owned gas station, and 38.68 square meters of the above E-owned building registry.

The details of the building title section in the register of the above B, C, D, and E’s ground building are indicated as the “two-story hazardous materials storage and treatment facilities for steel reinforced concrete and steel framed sloping roof, 34.53 square meters in the 1st floor reinforced concrete building business establishment, 16.02 square meters in the 1st floor reinforced concrete building, 16.02 square meters in the 1st floor reinforced concrete building, 164.33 square meters in the 1st floor, 164.93 square meters in the 2nd floor reinforced concrete building, 41.91 square meters in the 2nd floor reinforced concrete building, 5.76 square meters in the 2nd floor reinforced concrete building, 65.86 square meters in the 1st floor of the 1st

The Plaintiff is the owner of each of the above lands and buildings (However, according to the certified copy of each of the above lands and buildings, the Plaintiff donated 5/10 shares of 5/10 of each of the above lands and buildings except for the above land and buildings, to Nonparty F, G, H, I, I, and J on July 9, 2019 each 1/10 shares, and each of the above lands and buildings has been used as oil stations and their sites from around 2006.

B. On the other hand, Guro-gu Seoul Metropolitan Government, which is adjacent to each of the above lands and buildings, was 4,628 square meters of the original land area of 9,253 square meters. However, on July 6, 2017, the area of 4,561 square meters is divided into Guro-gu Seoul Metropolitan City M, and 4,628 square meters of land, respectively. The current area is 4,628 square meters.

However, the part of the compensation imposed by the defendant on the ground of the plaintiff's unauthorized occupation belongs to "Seoul Guro-guK" regardless of the above division before and after the above division.

(hereinafter referred to as “K land”) and the above L, ditch, 13 square meters (hereinafter referred to as “L land”) are State property owned by the Republic of Korea.

C. On October 11, 201, the Defendant is a gas station site with the part equivalent to 166 square meters among K’s land, which is a State property, and the part equivalent to 11 square meters among L’s land.

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