(영문) 광주지방법원 2020.05.21 2019구합15127

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(영문) 광주지방법원 2020.05.21 2019구합15127

건축허가신청반려처분취소

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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 August 25, 2001, B, the spouse of the Plaintiff, purchased the land of Jeoncheon City, and requested the Korea Cadastral Corporation and the Gwangju Southern Headquarters Branch to conduct a boundary restoration survey to build a new building on the ground. According to the result of the survey, on September 20, 2001, after obtaining a construction permit from the Defendant, the building on the ground was newly constructed on the said land (hereinafter “instant building”). On December 26, 2001, the first floor was used as the automobile maintenance office and the second floor as the independent house.

On January 2004, the Defendant, as a result of the construction survey following the opening of a road during the D tunnel construction, caused the instant building to erosion of E roads owned by the net city (hereinafter “instant roads”) and demanded Nai B to remove the instant building.

B. Around March 18, 2004, B filed a request for an examination of whether the land was proper with the regional cadastral committee of Jeonnam-do, and on June 10, 2004, as a result of the boundary restoration survey conducted on June 10, 2004, the instant building was affected by the instant road. Based on this, the Defendant sent a public notice demanding B to remove the building on June 17, 2004, and ordered B to correct the unlawful building on July 14, 2004.

C. B filed a lawsuit against the Korea Cadastral Survey Corporation on July 8, 2004, claiming that the instant building was placed in a place where the instant building should be removed due to the error of surveying the articles under its control (No. 2004Gahap1593), and that the Korea Cadastral Survey Corporation would pay KRW 130 million to B in the appellate court of the said lawsuit (No. 2006Na1731) (No. 2006Da1731). On April 1, 2008, B received KRW 130 million from the Korea Cadastral Survey Corporation according to the said decision on April 4, 2008.

B The above KRW 130 million is paid by the Korea Intellectual Property Corporation.

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