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(영문) 청주지방법원제천지원 2019.11.06 2018가단2284
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 23, 1963, the Defendant completed the registration of ownership transfer with respect to B road B 61 square meters, C road 80 square meters, and D road 49 square meters (each of the above land was combined with B road 190 square meters on October 30, 2012; hereinafter the same shall apply).

B. On the north of the instant road, F and G roads are linked to F and G roads via Y, the south side of the instant road, and H roads are linked to H roads. On the I and J ground adjacent to the east of the instant road, the L Hospital parking lot is located at each location on the ground adjacent to K operated by the medical corporation, and on the Ma adjacent to thewest side.

In addition, N-owned and O-owned buildings connected to the north side of the above L Hospital parking lot and E are located in N-owned and O-owned buildings with a total floor area of 178.88 square meters, 178.88 square meters on the ground owned by the Plaintiff, and 1 underground floors, 3 floors on the ground, and 422.93 square meters on the total floor area (for each land N-O andO, each land was combined with O-owned land on November 30, 2010; hereinafter collectively referred to as "each real estate of this case").

C. On September 18, 2012, the Defendant rendered a decision to disuse the instant road on the ground that its function as administrative property has been lost.

On October 22, 2012, the Defendant sold the instant road to K, and on September 25, 2013, the Defendant granted a building permit to construct medical facilities (general hospitals) with a total floor area of 19,240.095 square meters on the ground, including the instant road, on the ground of the Jeju-si J land, etc., including the instant road. On September 22, 2014, with respect to the portion newly constructed on the instant road site related to the first floor among the contents of the said building permit, a building permit was granted to modify the construction permit to make the construction plan capable of performing the function as a passage by failing to install other facilities or structures in addition to installing stairs or elevators.

E. On May 28, 2014, the Plaintiff’s disuse disposition as of September 18, 2012, issued a building permit as of September 25, 2013, and issued a change in the building permit as of September 22, 2014.

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