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(영문) 창원지방법원진주지원 2013.07.25 2012가단14759
채무부존재확인
Text

1. As to the destruction of underground communications facilities owned by the Defendant, which occurred in Pyeongtaek-dong 469-10, Jinju-si on September 27, 2012.

Reasons

1. Basic facts

가. 원고는 ‘진주평거4지구 도시개발사업’의 시행자인 진주평거4지구 도시개발사업조합이 시행한 진주시 평거동 646-40 일원 483,644㎡ 지상 ‘더 퀸즈 웰가’아파트의 시공사이다.

B. On January 24, 2008, the Mayor/Do Governor announced the designation of an urban development zone and the establishment of a development plan for an urban development zone with respect to the area of 482,050 square meters in Pyeongtaek-dong, Jung-do, 646-40 square meters. On June 4, 2009, the Mayor/Do Governor announced the amendment of the development plan and the implementation plan for the urban development project. On December 24, 2009, on December 24, 2009, the Mayor/Do Governor announced the designation of an urban development zone (the amendment), development plan (the amendment), and implementation plan (the amendment) with a content of changing the area of the said urban development zone into

C. On March 16, 2009, Jinju sent a letter of objection to the request for consultation on the amendment of the development plan for an urban development project and the application for authorization of the implementation plan to the Defendant (the Jinju Branch). On March 27, 2009, the Defendant sent to the Defendant a letter of objection to the request for consultation on the part where the telecommunications facilities owned by the Defendant were laid open in the above project implementation district with “one copy of the opening of telecommunications facilities in Pyeongtaek-dong 4, Jinju-dong (hereinafter “instant land”). The drawing did not indicate that telecommunications facilities were laid underground on the ground of the instant land. In fact, no sign was installed to inform that the telecommunications facilities were laid underground on the ground of the instant land.

around 11:00 on September 27, 2012, the Plaintiff: (a) was merged with, on March 31, 2009, the land of this case located within the said project implementation district; (b) on September 27, 2012, the land of this case was KRW 469-4, 6,051 square meters in Pyeongtaek-dong, Jin-si, Seoul; and (c) on July 13, 2009, the land of this case was 469-4, 507 square meters in Pyeongtaek-dong, Jin-si, Seoul; and (d) on July 13, 2009, the land of this case was 469-9-9-9, 350 square meters in a road, 469-194 square meters in a road.

The defendant-owned telecommunications lines are laid underground while conducting the excavation work for the construction of the above apartment.

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