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(영문) 창원지방법원 2020.11.26 2019나56934
손해배상(기)
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after filing an appeal.

Reasons

1. Basic facts

A. On June 16, 1997, the Do Governor publicly announced a detailed plan under Article 20-3 of the former Urban Planning Act (amended by Act No. 5898 of Feb. 8, 1999) (hereinafter “the instant detailed plan”) with respect to the D Zone Housing Site Development Business, and determined B B miscellaneous land B 810.3 square meters (hereinafter “instant parking lot site”) as an off-road parking lot, which is an urban planning facility.

(Notice E of Gyeongnam-do).

After having sold the instant parking lot site from the Korea National Housing Corporation, which is the implementer of the said housing site development project, and completed the registration of ownership transfer on September 27, 2001, the Plaintiff sold 16529 shares to F on March 5, 2002, and completed the registration of ownership transfer on February 21, 2018 from G purchased the said shares from F.

C. Jinju-si road (hereinafter “instant road”) which is the front of the instant parking lot, is one-way road, and there was a free parking zone of 50 pages from before 2001, which is a parking lot. However, from around 2001, the Defendant established a “C-paid parking lot for public street (hereinafter “instant on-road parking lot”)” by converting the said free parking zone from a fee to a fee, and collects parking fees by concluding an entrusted management contract with a third party.

On December 1, 2016, the Plaintiff reported the construction of a temporary building on the instant parking lot as an off-road parking lot, and received parking fees for vehicles parked on the instant parking lot from that time.

On October 11, 2017, the Plaintiff obtained permission to occupy and use a road of 13.8 square meters among the instant roads in order to establish a site for the instant parking lot as an access road from the Jinju Mayor, and on April 3, 2020, on March 5, 2020, the Plaintiff installed a 15 off-road parking lot in the instant parking lot site on March 5, 2020 to the Jinju Mayor pursuant to Article 12(1) of the Parking Lot Act and Article 7 of the Enforcement Rule of the same Act.

‘' has made a notification.

E. Details of the laws and regulations relating to the instant case shall be written in annexed Form.

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