beta
(영문) 수원지방법원 2017.11.15 2017구합63741

도로폐지신청 거부처분 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 25, 2008, the Defendant constructed a detached house with a building area of 762.30 square meters on the ground of 1,446 square meters among 6,201 square meters of 1,446 square meters of land in Yeongdeungpo-gu, Young-gu, Young-si, E., but installed a access road with a 29 square meters of 1,944 square meters of land before F, among 1,94 square meters of 1,94 square meters of land (hereinafter “1 land in this case”) (hereinafter “2 land in this case”), among the construction permission of 233 square meters of land and 486 square meters of land in G, 29 square meters of land (hereinafter “1 building permit in this case”) and (2) on the above 1 land, the Defendant filed an application for building permission of 271 square meters of building area (the building area in this case shall be changed to 325.69 square meters of land) with a building report of 271 square meters of land on the above ground (the building area in this case No. 232.

The Defendant requested, on May 6, 2008, to publicly announce the designation of a road on the instant 1, 2 (including the permission for change) and the building report (including the report for change), the Defendant: (a) made a public announcement on the designation of a road on the instant 1 and 36 square meters among the instant 1 land (including No. 3, No. 4, No. 4, No. 1, No. 5); and (b) made a public announcement on the designation of a road on the 29 square meters among the instant 1 land and the instant 2 land (No. 4, No. 6, No. 300 square meters) on May 1, 2008; and (c) made a public announcement on June 25, 2008, on April 29, 2009, on the road designation of a road on the 36 square meters (the designated road size of 65 square meters) among the said 2 land (the designated road area of No. 4, No. 6, 75 square meters). 305 square meters.

On July 2, 2009, the land of this case was divided into 1,639 square meters prior to the date of the F, 205 square meters prior to the date designated and publicly announced as a road (hereinafter “instant road”); and the land of this case 2 was divided into G large scale 421 square meters and C large scale 65 square meters designated as a road (hereinafter “instant road”) respectively.

(A) Evidence 1-2 through 5).