1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Plaintiff was the owner of B large 95 square meters (hereinafter “instant land”) and the building without permission on the ground (hereinafter “instant building”).

On December 14, 2016, Dongducheon-si has purchased the instant land from the Plaintiff and completed the registration of ownership transfer on the following day for C business.

On the other hand, Dongducheon-si removed the building of this case around August 2017, and D public officials of Dongducheon-si participated in the removal.

The Plaintiff filed a lawsuit against Dongducheon-si and D for compensation for damages on the ground that he/she arbitrarily removed the instant building even though he/she did not purchase the instant building, and that he/she did not arbitrarily remove the instant building. On May 18, 2018, the Plaintiff partially won the instant building on the premise that the Dongducheon-si did not purchase the instant building.

(L) On December 21, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal in accordance with the principle of prohibition of disadvantageous alteration, as long as only the Plaintiff appealed, and the said judgment became final and conclusive.

(D) On July 10, 2017, the Defendant sent to the Plaintiff a written notice of the property tax on the instant building (hereinafter “instant public notice”) on July 13, 2017, and again sent to the Plaintiff an official letter stating that the property tax imposed was reduced in full due to mistake due to the omission of ownership transfer data on the instant building, on July 13, 2017.

[Grounds for recognition] The facts without dispute, Eul's statements as to Eul's evidence Nos. 1 through 7, and the gist of the plaintiff's assertion as to the purport of the whole pleadings is as follows: although the plaintiff did not intend to transfer ownership of the building of this case at Dongducheon-cheon, the defendant prepared a false statement of this case.