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(영문) 수원지방법원 2019.06.13 2018구합73196

사도개설허가처분 무효 확인 청구

Text

1. On June 8, 1993, the Defendant issued a permit to open a private road on each real estate listed in the separate sheet No. 1 attached hereto against Nonparty B.

Reasons

Details of the disposition

On June 8, 1993, B including opening a private road B, obtained permission for construction of a stable from the Defendant to G in order to create a stable through the order of the relevant Ri and lot number for the land located in the e-mail C, D, and E (hereinafter referred to as “F in e-mail, but, if necessary, the land category and area shall be stated) in the local highway, which is a package of the e-mail one-lane from the Defendant on June 8, 1993, Article 4 of the former Private Road Act (amended by Act No. 5454, Dec. 13, 1997; hereinafter referred to as “former Private Road Act”); Article 2 of the former Enforcement Decree of the Private Road Act (amended by Presidential Decree No. 18855, May 31, 2005; hereinafter referred to as “former Enforcement Decree of the Private Road Act”).

(2) Around June 193, 1993, in order to create the above road site, B obtained the permission to divert farmland with respect to 350 square meters in the area of 1,159 square meters in E forest land (H forest land was divided into E at the time of June 18, 1993, but 1,159 square meters in any of them was divided into E) and 10,017 square meters in D forest land, and obtained the permission to divert farmland with respect to 430 square meters in the area of 3,227 square meters in the previous C, and obtained the permission to divert farmland.

B Following the completion of construction for opening a private road on March 21, 1995, the Defendant received notification of the completion of construction of a private road with respect to the part of E forest land 1,065 square meters and the part of D forest land 179 square meters from the Defendant on the same day. On the same day, the certificate of completion completion includes the following: “E: 1,509 square meters of forest damage permitted area (E: 1,159 square meters, D: 350 square meters of forest damage permitted area)” and the completed area is 1,244 square meters of land (E: 1,065 square meters of land, D: 179 square meters of land), and the purpose thereof is “a private road” and the cement packaging was completed.

The portion of 302 square meters in C, such as the division of land, was divided into a road on March 30, 1995, and its land category was changed to a road. Of D, the portion of 204 square meters in D is divided into J and at the same time the registration conversion was made with K road 179 square meters, and E was subject to registration conversion with L road 1,065 square meters.

On the other hand, L. 1,065 square meters are divided into M on September 29, 2008.