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(영문) 서울고등법원 2017.04.21 2016나2031921

보관금반환청구

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The status of the parties 1) C Association (hereinafter “C Association”)

(1) In order to develop the mid-term equipment parts industry and promote mutual welfare among its members, the Small and Medium Enterprise Cooperatives Act is a corporation established pursuant to the Small and Medium Enterprise Cooperatives Act. C Union decided to construct the “E Complex” in the Gu D D D for Gyeyang-si (hereinafter referred to as the “E Complex”).

(2) The Defendant is a building permit holder of the instant complex, and is the authorized administrator of the first-line national highways around the instant complex.

B. A building permit 1 for the instant complex was conducted by the Central Traffic Impact Deliberation Committee on January 1, 1993 in order to construct the instant complex. A traffic impact assessment was conducted on the following occasions: “The construction of the instant complex is anticipated to increase the traffic volume of the FT distance in the first line G road of the national highways due to the construction of the instant complex, so it is required to make a three-dimensionalization of the FT distance.” Based on the traffic impact assessment, the Defendant, on June 13, 1994, issued a construction permit to the C Association on May 13, 1995 under the condition that “pre-consulting with the Defendant in connection with the improvement of traffic system in accordance with the determination of the bilateral urban planning facilities, and thorough implementation of the FT distance three-dimensional three-dimensional measures should be implemented.” (2) C Union was conducted by modifying the design of the instant complex on January 1, 1996.

The traffic impact assessment conducted a survey that "it is necessary to construct a two-lane high-priced vehicle in the G Road axis with regard to the three-dimensionalization of the FT-distance."

Based on the traffic impact assessment, the Defendant rendered a “decision to modify urban planning facilities and cadastral approval” to the C Association on July 2, 1996, and the construction permission (design modification) was granted on May 9, 1997.

3. A cooperative was conducted a traffic impact assessment on August 26, 1998 when changing the design of the complex in this case.

In the traffic impact assessment, it was investigated that “the two-lane underground lanes should be constructed at the G Road axis in relation to the three-dimensionalization of the Fri-distance.”

Based on a traffic impact assessment, the defendant shall be on the basis of the traffic impact assessment.