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(영문) 서울고등법원 2015.05.14 2014나2033077
국가배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s building permit, etc. 1) On April 9, 2002, the Plaintiff is only Pyeongtaek-si B (hereinafter “B”).

C) The registration of partition was completed on October 10, 2008, although the land cadastre of 503 square meters (18 square meters in this land cadastre was already divided into D roads, but the registration of partition was completed on October 10, 2008.

(2) On August 13, 2009, the land was combined and became the land indicated in paragraph (1) of the attached Table 1 of the Real Estate List on August 13, 2009.

The above land before and after the merger is referred to as the “instant factory site”.

[2] On August 17, 2002, the Plaintiff opened a factory or warehouse on one’s own land, and opened a factory or warehouse on one’s own land and jointly owned by the Plaintiff’s owner of 614 square meters [2 meters in width] and 37 square meters in MM road (2 meters in width) prior to the annexation, J, K, 614 square meters (hereinafter “the land prior to the annexation of this case”) prior to the annexation of the site of this case (hereinafter “the land prior to the annexation of this case”). The Plaintiff was divided into 850 square meters in size and 614 square meters prior to the annexation of this case, and the Plaintiff was entitled to acquire 37 square meters in width and M road (hereinafter “N.”). The Plaintiff opened a factory or warehouse on one’s own land, and jointly owned the land by the Plaintiff’s owner of the land prior to the annexation of J, the portion of the land prior to the annexation of this case’s annexation of land and the portion of the land owned by the Plaintiff’s 36.

(3) On September 2002, the part of the road (O) connecting each point of the attached Form 64, 65, 66, 67, 68, 69, 54, 59, 60, 61, 62, 63, and 64, which is marked in the instant factory site, is located in the middle of the area of the road (O-owned Pland 9,384 square meters).

(4) In order to construct a road with a width of 4 meters up to 15 meters in length, the Plaintiff obtained approval from Q to land use regarding R prior to the R, S, and T forest owned by Q. 4) The instant factory site.

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