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(영문) 대법원 2015.10.29 2013두15125
국.공유지사용료부과처분무효확인
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined.

1. The judgment of the court below

A. The lower court acknowledged the following facts by citing the first instance judgment.

1) 442 square meters and 42 square meters (at present, 49-53 square meters and 2,114.4 square meters and 42 square meters and 49-53 square meters and 49-53 square meters and 2,114.4 square meters and 42

(2) On October 1970, the Plaintiff newly constructed a 345 square meters on two parcels of land (the Seoul Metropolitan Government, the Seoul Metropolitan Government, the 2nd day of July 9, 1971) 57-53, such as Nowon-gu, Mapo-gu, Seoul, and 49-555, and 57-2 lots of land (the 2nd day of the 3th day of the 3th day of the 3th day of the 3th day of the 3th day of the 415-34 of the 1970 and the 3th day of the 3th day of the 3th day of the 3th day of the 3th day of the above road, constructed a new building on the 3th day of the 3th day of the 3th day and constructed a new building on the 3th day of the 3th day of the above road, and constructed a new road on the 4th day of the 3th day of the 3th day of the 425th day of the new road.

3) On October 1970, the Plaintiff was rendered a favorable judgment by filing a lawsuit against the Plaintiff to the effect that “the Plaintiff occupied and used the said 345 square meters of road without obtaining permission to occupy and use the said 345 square meters, and then sought the return of the amount equivalent to the occupation and use fees from October 1, 1970 to May 31, 1976” (Supreme Court Decision 78Da1158). Meanwhile, the Defendant was rendered a favorable judgment against the Plaintiff on the grounds that “the Plaintiff occupied and used the instant land from January 1, 2005 to December 31, 201,” and that “the Plaintiff occupied and used the instant land as stated in the attached list of the lower court.”

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