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(영문) 청주지방법원 2014.11.27 2014구합620
도로용도폐지 및 건축허가 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On August 23, 1963, the Defendant completed the registration of ownership transfer with respect to Jeju City B, C, and D (hereinafter collectively referred to as “instant road”) on August 23, 1963.

B. On the north of the instant road, F and G roads are linked to F and G roads via Incheon City E, the south side of H roads are linked to H roads, and on the east of the instant road, I and J roads adjacent to the east of the instant road are located at the west of the Seoul Hospital operated by the Defendant Intervenor, and on the ground adjacent to thewest, the parking lot at the Gyeongcheon Seoul Hospital is located at each location.

In addition, buildings with the total floor area of 178.88 square meters on L, M, and N, owned by the Plaintiff, adjacent to the north side of the parking lot in the relevant Incheon Metropolitan City Hospital (hereinafter “instant building”) and buildings with the total floor area of 178.88 square meters on the ground owned by the Plaintiff (hereinafter “instant building”) and the first floor, the third floor on the ground, and the total floor area of 422.93 square meters.

C. The Plaintiff is operating a general restaurant in the name of “O” in the instant building.

On September 18, 2012, the Defendant decided to disuse the instant road on the ground that its function as administrative property has been lost (hereinafter “instant disuse decision”), and on September 19, 2012, concluded an agreement with the Defendant’s Intervenor on the following terms:

In the event that the defendant purchases the road of this case, which was abolished by the relevant laws, by a medical corporation, the Assets and Medical Foundation, Seoul Hospital (hereinafter referred to as the following contract persons), is aware that it is not restricted in the exercise of any property right as private property, but the contract parties shall, in good faith, agree as follows for the convenience of local residents:

C. Foods

1. Even if an agreed person constructs a building on the land, such building shall not obstruct the passage of pedestrians who have passed the building by using the land;

2.The duration of this Arrangement shall be 10 years from the date of construction.

Provided, That the foregoing shall not apply where the contractee purchases the N incheon City during the contract period and does not interfere with the passage of the surrounding persons.

- - Aro - e.

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