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(영문) 수원지방법원 2015.09.01 2014구합4765
도로지정처분 무효확인
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. On November 10, 2010, the Plaintiff entered into a pre-sale agreement with D on E, E, 36 square meters, F, 327 square meters and its ground and E, 36 square meters and 96 square meters (hereinafter “the land before the instant partition”).

B. On November 10, 2010, the Plaintiff completed a registration of the right to claim ownership transfer on the land prior to the instant subdivision based on the trade reservation, and completed the registration of ownership transfer on April 10, 2012 with respect to the said land prior to the subdivision.

C. On April 27, 2011, G filed a construction report on the construction of a new house on H-si H-si H land with the consent to the designation of the road from D who owned the land before the instant subdivision, and attached it.

On April 27, 2011, the Defendant rendered a disposition of designation and public announcement of the instant land (hereinafter “instant disposition”) with respect to 20 square meters (hereinafter “instant land”) out of the instant land before the instant partition, as to the area of 20 square meters (divided on December 22, 2011, and became 20 square meters of I-si road; hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The defendant's defense against the defendant's main defense is a defense to the effect that the plaintiff acquired ownership of the land of this case after the disposition of this case and was not an interested party at the time of the disposition, and thus there is no legal interest in seeking nullification of the disposition

The interests of the court of fact-finding should be determined at the time of the closing of arguments. At the time of the closing of arguments in this case, the plaintiff, the owner of the land in this case, cannot abolish or alter the road without permission from the competent permitting authority under Article 45 (2) of the Building Act, and the permitting authority shall obtain the consent of the plaintiff, who is an interested party to the road, to abolish or alter the road in this case, and so, the exercise of ownership to the land in this case is restricted.

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