구분지상권말소등기 등
1. All appeals by the Plaintiff and the Intervenor are dismissed.
2. The appeal cost is between the Plaintiff and the Defendants.
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition as follows from the following sub-paragraph (b) of Article 3 of the judgment of the court of first instance. The supplementary part is citing it pursuant to the main sentence of Article 420 of the Civil Procedure Act. The plaintiff asserts that although there is no relationship between the construction of central bus exclusive lanes and the installation of subway connecting passages planned by the plaintiff, the defendant Seoul Special Metropolitan City forces the relocation of the first entrance to the plaintiff's building into the plaintiff's building in fact and imposes expenses on the plaintiff, it violates the principle of prohibition of unfair decision-making and abuse of authority under the Constitution. Even if the plaintiff had already obtained permission for construction of a new subway connecting passage with the subway connecting, the refusal of the use on the ground of the construction of
However, in light of all the circumstances revealed in the pleadings of this case, including the need for the relocation of the entrance 1 as seen earlier, the process of consultation following the conclusion of the instant agreement, and the fact that the first building permit received by the Plaintiff was an additional condition to obtain separate permission when installing the connecting passage with the subway (No. 16 and No. 17). Defendant Seoul Special Metropolitan City violated the principle of prohibition of unfair decision-making and abused its authority.
or may not be deemed to have violated the principle of trust protection.
A person shall be appointed.
2. Conclusion, the first instance judgment is justifiable.
All appeals filed by the Plaintiff and the Intervenor are dismissed for lack of merit. It is so decided as per Disposition by the assent of all participating Justices.