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(영문) 대구지방법원 2016.01.27 2015구합1641
변상금부과처분 취소
Text

1. The Defendant’s disposition of imposition of KRW 710,870 of indemnity against the Plaintiff on July 8, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 26, 194, land cadastre B, B, 317 square meters, was registered in the name of C on the land cadastre, and on October 17, 1995, registration of ownership preservation was completed as owned by the State (the Ministry of Finance and Economy) and the Ministry of Finance and Economy on the ground of the reverted property.

B. The Plaintiff is in fact possessing a house on the ground of 247 square meters (hereinafter “instant land”) among the above B large 317 square meters (hereinafter “instant land”), and is in possession of the instant land.

C. On July 8, 2015, on the ground that the Plaintiff occupied and used the instant land, which is a State property, without permission, the Defendant imposed a disposition of imposition of KRW 710,870 in total of indemnities from May 29, 2010 to May 28, 2015 on the Plaintiff.

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has been occupied by the Plaintiff’s intention to own the instant land for at least 20 years through her husband E, since D, an Arabic land, constructed the instant house on the instant land around around 1953.

Since the Plaintiff acquired the instant land by prescription, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) In addition to the written evidence evidence Nos. 1, 3, 7, 8, 13, and 16, the following facts may be acknowledged. ① A, the Plaintiff’s husband, at around 1953, has newly built the instant house on the instant land and occupied the instant land. ② The Plaintiff’s husband, who occupied the instant land by acquiring the instant land from D from D, was actually owning the instant land after the Plaintiff died on January 1, 1976, and was registered in the name of Japan as “C” on the land cadastre, but such fact alone can be presumed as Japan.

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