1. On February 28, 2017, the Defendant’s imposition of indemnity amounting to KRW 8,585,200 against the Plaintiffs exceeds KRW 8,314,60.

1. Details of the disposition;

A. On December 31, 1973, E completed the registration of ownership transfer based on the sale on December 27, 1973 with respect to F, Seodaemun-gu Seoul Metropolitan Government 471.1 square meters (hereinafter “instant land”). E, E, and G newly constructed a building on the instant land (hereinafter “instant building”) and completed the registration of ownership transfer on January 4, 1991, with respect to each of their 1/2 shares on the instant land.

B. On May 10, 2010, the Plaintiffs completed the registration of ownership transfer based on the same date donation with respect to each of 1/4 shares of the instant land and buildings.

C. As seen below, the Defendant imposed KRW 8,585,200 on the Plaintiffs on February 28, 2017, for the period from January 1, 2012 to December 31, 2016, the sum of indemnities under Article 72 of the Road Act for the period from January 31, 2012 to December 31, 2016, on the part of the Plaintiffs, for the following reasons: (a) the size of the instant road owned by Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul Metropolitan Government (hereinafter “instant road”); and (b) the size of the area is disputed between the Plaintiffs and the Defendant; (c) however, without obtaining permission to occupy and use the instant road as the vehicle access to the instant building without distinguishing the size for convenience.

(hereinafter “instant disposition”) D.

The Plaintiffs dissatisfied with the instant disposition and filed an administrative appeal on March 22, 2017, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the Plaintiffs’ appeal on August 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 8 and 9-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Of the instant land that is not an unauthorized occupation, part of 14.53 square meters in south-dong among the instant land (hereinafter “instant report”).

From January 1, 1991, it has been used as a report by the general public under the possession of the defendant.

Therefore, Article 741 of the Civil Code is applied to the plaintiffs.