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(영문) 전주지방법원군산지원 2020.11.26 2019가단55109

소유권말소등기

Text

Defendant:

A. Regarding the real estate listed in paragraphs 1 and 4 of [Attachment A] list, the Jeonju District Court is Gunsan Branch.

Reasons

1. Basic facts

A. On March 6, 2019, Plaintiff A intended to operate a liquefied petroleum gas charging facility (referring to a gas charging facility; hereinafter “gas filling facility”) on a parcel (H, I, J, and K) outside four parcels (H, J, and K), etc. in Gunsan City, Gunsan-si, Si, Gunsan-si, but filed an application for a building permit to operate a facility for storing and treating hazardous substances on the ground (referring to a gas station; hereinafter “gas station”) on the above land, once he/she faces against residents’ opposition.

B. Upon filing an application for the above building permit, on March 2009, Plaintiff A submitted the protocol of land and facilities subject to gratuitous attribution in Gunsan-si, Gunsan-si, Gunsan-si, 493 square meters prior to J. 752 square meters, 125 square meters out of the J. 752 square meters, and 1527 square meters out of the 2497 square meters of forest land owned by Plaintiff A, the representative director of the Plaintiff Company B (hereinafter “Plaintiff Company”), which is owned by Plaintiff A (hereinafter “Plaintiff Company”), to implement the said construction permit without compensation in Gunsan-si, as public facilities (road, buffer green belt) for the installation of gas stations.

‘ was the case.'

C. On March 19, 2009, the Gunsan Mayor permitted the Plaintiff’s application for the above building permit. At the time of permission, the Gunsan City, which was owned by the Plaintiffs, attached an additional note to the effect that the Plaintiff will gratuitously revert to a buffer green belt after creating the 493m2 and 274m2 in M forest and forest land owned by the Plaintiffs.

No subsidiary may be imposed on the donation by creating a road section. D.

Plaintiff

A on July 28, 2009, filed an application for change of permitted matters to change gas filling stations to gas filling stations, and the Gunsan Mayor permitted the above application for change on September 2, 2009, and on September 10, 2009, the application for a liquefied petroleum gas filling business was also licensed.

F. On July 16, 2010, Plaintiff A applied for approval of the use of the gas filling station building, and the Gunsan City approved the said application on July 23, 2010.

G. Meanwhile, on June 15, 2010, the 2497 square meters of a Dosan-si M forest was divided into 1253 square meters of N forest and 1253 square meters of a O forest and 964 square meters of a forest, and the Dosan-si was divided into 280 square meters of a forest. The 752 square meters before J is divided into several parts after January 27, 2010 and before P.