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(영문) 청주지방법원 2018.02.08 2017구합1891

도로지정 공고 처분취소 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of 6,481 square meters of land for a factory in the petitioner-gu Seoul Metropolitan City before subdivision (hereinafter “D land before subdivision”).

B. On June 9, 2015, E Co., Ltd. (hereinafter “E”) filed an application for a construction permit to construct a first class neighborhood living facility (retail stores; hereinafter “E”) with the building area and total floor area of 859.5 square meters on the ground of Cheongju-si, Cheongju-si, the Seoul Special Metropolitan City Fropo-si (hereinafter “F land”) and attached the Plaintiff’s written consent to the use of land (No. 7) with respect to F land among D land located between F land and the public road in relation to the adjoining condition under the Building Act.

C. On June 10, 2015, the Defendant submitted a road management ledger to E and made a request for supplementation to indicate the designated portion and size of the road (No. 4), the Plaintiff: (a) on July 22, 2015, divided the land category of 291 square meters of the Guide-gu G factory site into the road (the above road is referred to as “instant road”; and (b) on July 29, 2015, the Plaintiff entered the instant road as “Article 35 of the Building Act” on June 10, 2015; (c) but, on March 21, 2015, the Plaintiff agreed to the designation of a road under the provision of Article 5 of the Building Act as an interested party (the Plaintiff’s designation of a road management ledger included in the name of an interested party).

On the other hand, on August 6, 2015, the Defendant requested E to supplement the phrase “the road (management) register should be deleted (the land category is a road, and it is not subject to the public announcement of designation of the road)” (Evidence A; hereinafter “instant supplementary request”) and E.