도시관리계획변경절차 이행 등
1. All of the plaintiff's claims that were exchanged in this court are dismissed.
2. The Plaintiff’s total costs of litigation.
1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. Summary of the parties' arguments
A. The Plaintiff’s assertion that the Defendant Private Teaching Institutes agreed to use the instant land by the person who is to open a circular road on the instant land by giving a letter of consent to use the instant land to the R, who was in charge of the authorization and permission of the instant land development project for L, M, and S, so that the C school site with the instant land can be used as a road. Since the Plaintiff acquired S land, the Plaintiff’s consent to use the instant
Even if the consent letter of road use of this case does not have effect on the Plaintiff, the Plaintiff acquired the right to use the land of this case from E and F.
Therefore, the Defendants are obligated not to obstruct the Plaintiff’s passage through the instant land, and are obligated to remove the fences installed on the instant land and remove planted trees.
B. The Defendants’ assertion is that the E and F, which entered into the instant exchange contract with the Defendant Private Teaching Institutes, set up and gave the instant consent form to the said persons so that they can obtain a building permit for L and M land buildings, and that the said consent form was not written for the Plaintiff or the Plaintiff.
At the time of the enactment of the letter of consent to the use of the road in this case, the Plaintiff was not established.
The letter of consent to the use of the road of this case was accompanied by the exchange contract of this case, and the exchange contract of this case was terminated by the default of E and F, and lost its validity.
In addition, E/F obtained a building permit for L/M land buildings based on the instant consent form, so the above consent form has lost its effect by accomplishing its purpose.
3. Determination
A. The plaintiff's claim is the defendant.