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(영문) 부산고등법원 2020.12.04 2020누21371

도로지정처분취소

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The judgment of the first instance shall be revoked.

On July 2, 2019, the defendant designated the road to Busan Jin-gu B.

Reasons

1. Details of the disposition;

A. The Plaintiff is only H-dong, Busan J-dong, Busan, and only called “H-dong.”

B The owner of large-scale 189 square meters (hereinafter “instant land”) is the owner, and on October 26, 2018, the Defendant filed an application for a building permit to newly build a four-story neighborhood living facility on the instant land, and filed a construction permit with the Defendant on November 21, 201 of the same year after having received a building permit from the Defendant and filed a report on the commencement of construction on June 13, 2019.

B. On May 23, 2019, I submitted to the Defendant an application for deliberation by a building committee to newly build one unit of a building area of 122.93 square meters, total floor area of 768.5 square meters, and a second class neighborhood living facility of reinforced concrete structure on the land of C and J.

C. On June 13, 2019, the Busan District Building Committee held a meeting of the Building Committee on 11th, 2019, and deliberated and resolved on each of the following items on the premise that each of the lands listed in the attached Table 1 of the real estate list, adjacent to C and J land in the vicinity of the instant land (specific shapes are as shown in the attached Form 2 image images) is a passage in which many unspecified people continue to use for a long time, and that each of the above lands is designated as a road pursuant to Articles 2(1)11(b) and 45(1)2 of the Building Act and Article 27 subparag. 4 of the Busan Metropolitan City

On July 2, 2019, according to the above resolution, the Defendant designated each of the above land as a road pursuant to Article 2 subparag. 11 (b) and Article 45 of the Building Act.

(2) The disposition of this case is "the disposition of this case" and the road designated in accordance with the disposition of this case is "the current status of this case" and among them, part of the land owned by the plaintiff is "the designated part of the road of this case" (hereinafter "the designated part of the road of this case"). 【The ground for recognition of this case' is without dispute, entry of Gap's 1 through 4, Eul's evidence 7, 8, and 12 (each number is included; hereinafter the same shall apply) and the purport of all pleadings

2. The Plaintiff asserts that the part concerning the designation of the instant road among the instant dispositions is unlawful for the following reasons. A.

The Defendant is against the Plaintiff in the process of the instant disposition.