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(영문) 대전지방법원 2016.05.18 2014구합4087
건축허가취소처분
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) A school juristic person’s prestigious private teaching institute and a new building on land E in Gangnam-gu, Dong-gu, Seoul Special Metropolitan City (hereinafter referred to as “prestigious private teaching institute”);

(2) On December 10, 1992, the Ministry of Land, Infrastructure and Transport changed to Dong-gu, Yan-si, Yan-si (the administrative district to which the said land belongs at the time was the cheon-si, Yan-si, Yanan-si, Yan-si, Yan-si, Yan-si, 2008

under subsection (1) shall be indicated only below that time when indicating the land.

On November 1, 1993, a private road was established upon obtaining permission to open a private road with respect to the part of 120 square meters among them. On November 30, 1993, land in the part of 120 square meters which was established by a private road was partitioned and land category changed to a road, and became one hundred and twenty square meters of a F road (hereinafter “F land”), and the private road on which it was established is “instant private road”.

(2) On April 22, 1993, on the part of the Defendant (hereinafter “Defendant”) issued a construction permit to construct a gas station on the ground of 995 square meters in miscellaneous land E (E land regardless of whether before or after the change of the administrative district, hereinafter “Defendant”) and obtained approval for the use of a building newly constructed on November 25, 1993.

B. On September 22, 2000, the Plaintiff’s instant private road, E’s prestigious private teaching institute for acquiring the ownership of land and building on land and ground sold E land and building, and completed the registration of ownership transfer on the same day. G sold each of the above land and building to the Plaintiff on June 20, 201, and completed each of the registration of ownership transfer on July 26, 2001.

From around that time, the plaintiff operated a gas station in each of the above real estate, and the private road in this case is being used as access road to land E.

C. On September 22, 2000, the 1st line private teaching institute that acquired B’s land and H’s land sold 396/441 square meters of C miscellaneous land to G and completed the registration of transfer of shares on the same day.

G sold the above shares to B on May 28, 2001, and the transfer registration on August 6, 2001 was completed.

After that, B is out of the above land on August 2, 2002.

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