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(영문) 전주지방법원 2019.02.14 2018구합712
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. From May 25, 2016 to December 26, 2017, the Defendant conducted a fact-finding survey on the illegal occupancy of State-owned or public property in relation to B high schools, and sent a notice of the scheduled advance notice of indemnification to the illegal occupant, including the Plaintiff, based on the result of the fact-finding survey. 2) The Plaintiff filed an objection regarding the foregoing advance notice, and submitted its opinion.

B. On February 23, 2018, the Defendant issued a disposition imposing indemnity amounting to KRW 4,609,430 (hereinafter “instant disposition”) on the ground that the Plaintiff occupied 95 square meters out of 17,959 square meters in the school site C in Yasan City (hereinafter “instant land”) and 10 square meters out of 113 square meters in D Special Metropolitan City in Yasan-si, Yasan-si (hereinafter “instant land 2”); and that the instant land was combined with the instant land 1 and 2, without permission, on the ground that the Plaintiff occupied 13 square meters in the instant land (hereinafter “instant disposition”).

A CD E [Grounds for Recognition] without dispute, entry and video (including numbers; hereinafter the same shall apply) of evidence A 1 and 2, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion has been known as part of the housing site owned by the Plaintiff, which was adjacent to each of the instant lands, and possessed for twenty (20) years as an intention to own the instant land, with knowledge of it as part of the housing site owned by the Plaintiff.

In other words, on April 13, 191, the acquisition by prescription for the plaintiff's possession of each land of this case was completed, and the disposition of this case on the premise that the plaintiff's possession is illegal, must be revoked as it is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The Plaintiff is deemed to have a F-si F-si Doz. 273 square meters (hereinafter “F-si”) adjacent to each of the instant lands.

(A) The Plaintiff is the owner of F land. The Plaintiff completed the registration of ownership transfer with respect to 4/26 shares due to the inheritance on April 13, 1971, and the remaining shares from the remaining successors on the same day.

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