도로지정처분 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 8, 2017, D filed an application with the Defendant for deliberation by the Building Committee to newly build a 20 square meters of building area, 20 square meters of total floor area, 20 square meters of light steel structure on the land of Busan-gu, Busan-do, and one unit of detached housing. On March 28, 2017, the Building Committee, which was held accordingly, decided on March 28, 2017 as follows: “B large 110.1 square meters, C large 121 square meters, F.9 square meters, G road 9.8 square meters, G road 9.8 square meters, H. 13.6 square meters, H. 15.7 square meters, and I road 15.7 square meters (in the case of No. 1, No. 1, it appears to be a clerical error in light of its owner and area, and the Defendant was designated and publicly announced as a road under Article 2(1)11 and Article 45(1)2 of the Building Act and Article 25 of the Busan Metropolitan City Ordinance.
(B) Busan Jin-gu B, Busan, 110.1m2 and C 121m2, “the instant land” and the Defendant’s designation and public notice of the road concerning the instant land (hereinafter “instant disposition”).
On March 8, 2018, the Plaintiff requested the Defendant to supplement the application for authorization for establishing a street housing rearrangement project pursuant to the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-Scale Housing Rearrangement Act”), the Defendant submitted the original written consent for establishing the association, submitted a re-preparation of the list of union members, and the instant land was designated as a road pursuant to Article 45(1) of the Building Act for the re-examination of the zone and designated road abolition and change of the zone of the street housing rearrangement project and the designated road.
C. On April 25, 2018, the Defendant again requested the Plaintiff to re-examine the zone and the designated abolition and alteration of the street housing rearrangement project as the road designated pursuant to Article 45(1) of the Building Act, but did not comply with the request. However, the Plaintiff did not comply with the request. < Amended by Act No. 1547, May 9, 2018>