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(영문) 대구지방법원 2018.10.25 2018구합21349

준공허가처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 4, 1995, Youngcheon-si Co., Ltd., which obtained approval for the construction of multi-family housing (B apartment three buildings, 1,746 households, hereinafter “instant apartment”) on the ground of the non-party C and 24 lots, was declared bankrupt at the stage of 96% of the progress rate around 198.

B. Although the inspection on the use of the apartment of this case was not completed, 3,500 residents move into the apartment and currently reside in the apartment of this case.

C. On October 19, 2004, the Plaintiff acquired the ownership of 290 square meters and 44 square meters (hereinafter “instant land”) on a voluntary auction, which was used as part of the entrance access road to the entrance of the instant apartment, as part of the site for the entrance of the instant apartment.

The Plaintiff is not a resident or a prospective resident of the instant apartment.

The land of this case is packaged with a asphalt and provided for the passage of the general public from November 1997, and the water supply pipes and urban gas pipes are constructed on the underground, and the occupants of the apartment of this case use the land as access roads for about 20 years.

E. Around March 2016, the occupants of the instant apartment group constituted the owner’s council and requested the Plaintiff to sell the instant land. To this end, the appraisal corporation requested the appraisal of the instant land price, but did not reach an agreement with the Plaintiff.

On December 9, 2016, the Defendant also requested the Plaintiff to consult on the compensation of the instant land, but did not reach an agreement.

F. On July 20, 2017, the occupants of the instant apartment filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission requesting a pre-use inspection on the instant apartment on July 20, 2017, and the content that “the occupants and the Defendant shall process the pre-use inspection within a prompt time regardless of securing the ownership of the instant apartment at the time of receipt of the request for the pre-use inspection on the instant apartment at the meeting of the Coordination Committee on the Field of the Anti-Corruption and Civil Rights Commission held on November 24,