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(영문) 창원지방법원 2014.10.14 2014나3508
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of 41m2 (hereinafter “Plaintiff-owned land”) in Dao-si C (hereinafter “C”) and the Defendant is a public official in charge of E, etc. in Doo-si (hereinafter “Plaintiff-owned land”).

B. F obtained a building permit from G on or around March 16, 2004, and newly constructed H on or around January 7, 2005, and obtained approval for use. On or around April 2009, F obtained a building permit from the I large 1,419 square meters adjacent to the Plaintiff’s land and obtained a building permit from the I large 1,419 square meters adjacent to the Plaintiff’s land, and obtained approval for use on or around September 2009.

(I Land was merged into G land on May 14, 2013).

From June 2010, the Plaintiff cut the Plaintiff’s land without obtaining permission from the competent authority, and conducted development activities, such as construction of a new building by changing the form and quality of I and G land without permission, and filed a civil petition to reinstate the land category of I and G land and cancel the approval for use of H and the instant building on several occasions.

In relation to the change of the form and quality of the above land against which a civil petition was filed on August 2010 and the building permission for a building, the Si lawfully granted the building permission by holding a consultation with the development permission pursuant to Article 11(6) of the Building Act (see, e.g., deemed to have obtained the development permission). After that, the Si notified the Plaintiff to the effect that the change of form and quality and the building permission is lawful by deeming the completion inspection of the development activities related to the change of the form and quality to have been conducted according to

E. In the case of G and I land in the macro-market, the Plaintiff asserted that the form and quality of G and I land were changed without permission, even though it did not constitute a minor form and quality change without permission. The Plaintiff filed a request for information disclosure related thereto.

F. In relation to the building permit for the instant building, the Plaintiff has already completed the construction permit prior to the form and quality of the I’s land, the land category of which was the answer.

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