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(영문) 청주지방법원 2019.05.16 2018구합4293
도로개설 허가 거부처분 취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff owned a 13,190 square meters of forest B in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si. B before the division, the Plaintiff owned the 13,190 square meters of forest B in Cheongju-gu. The said B forest was divided into a 12,385 square meters of forest land and C 805 square meters of forest land on August 25, 2000. On the same day, C forest was transferred due to an agreement on the acquisition of public land in Cheongju-si. 2) After that, on December 22, 2008, the ownership of land B 12,385 square meters of forest B in Cheongju-gu, Cheongju-si was transferred to the public of the Republic of Korea on the grounds that B forest land was divided into 4,523 square meters of forest land, D forest land 6,63 square meters of forest land, E1,199 square meters of forest land, among which ownership of the said D6,663 square meters of forest was transferred to the public of Korea on December 26, 26.

3) Meanwhile, in order to prevent the land owned by the Plaintiff and the construction of alternative alternative bypassing a national highway F, and in order to prevent the Plaintiff’s ownership remaining in the process from becoming 4,523 square meters of land B in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Republic of Korea owned by the Plaintiff, the land of the Plaintiff was connected to the said land B (hereinafter “the instant sub-road”).

B. B. From the instant application to the instant disposition, the Plaintiff established a new access road for the construction of a rehabilitation hospital and exhibition hall in the Seo-gu Seoul Special Metropolitan City B B, Cheongju-gu. On January 30, 2018, the Plaintiff designated the instant application site as a green belt to the Defendant on January 30, 2018 pursuant to Article 30 of the National Land Planning and Utilization Act, which is the ownership of the Republic of Korea designated as a buffer green belt, pursuant to the Defendant’s Cheongju-gu Special Metropolitan City 6,63 square meters, G 3,240 square meters, and 759 square meters, among 4,860 square meters in H orchard site, 4,860 square meters (hereinafter “instant application site”).

The application for permission to open a road under Article 36 of the Road Act (hereinafter referred to as the "application of this case") was made.

2 The defendant is "National Land Planning and Utilization Act" (hereinafter referred to as "National Land Planning and Utilization Act") on March 29, 2018.

Pursuant to subparagraph 13 of Article 2.

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