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(영문) 창원지방법원 2014.07.01 2014구합555
원상복구명령 및 행정대집행 계고처분취소청구
Text

1. Of the instant lawsuit, the part of the Defendant’s claim for the cancellation of the restoration order, which was filed by the Plaintiff on September 13, 2013, is dismissed.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff, as the owner of a housing unit with a 225 square meters land in the Dao-si, was the Plaintiff, instead of removing the existing old-age housing, to newly construct a 68.42 square meters of reinforced concrete structure on the said land in order to construct a 68.42 square meters of reinforced concrete structure on April 11, 201.

However, the Plaintiff completed the housing after one year after the Plaintiff suffered difficulties in the construction due to the dispute with the construction business operator. On September 4, 2012, the Plaintiff obtained approval for the use of the housing above.

B. The Plaintiff started construction after conducting the initial boundary surveying. However, in October 2012, the Plaintiff, without properly verifying the boundary around the end of October, 2012, 200 square meters of B, a ditch B, 1988 square meters (hereinafter “instant ditch”), installed a fence (30 meters in length, and 1.6 meters in height):

(hereinafter referred to as “the fence of this case.” The ditch of this case was newly registered in 1957 as a ditch under the jurisdiction of the Ministry of Agriculture, Food and Rural Affairs, but is used as a village road since before the installation of the fence of this case.

C. D and five households, other than D, used the Plaintiff’s pre-existing alleyway (large of 2 meters) side of the wall as the access road to the housing. However, they requested the Plaintiff to newly construct the housing and to extend the road more than the existing road width so that the vehicle can pass.

However, the Plaintiff refused this and installed a fence as above, D et al. conducted a boundary survey on November 5, 2012, and as a result, it was confirmed that the fence of this case was installed at the level of 15 cm and 180 cm from the boundary of the ditch of this case.

On November 26, 2012, some village residents including D filed a petition with the purport that “the Plaintiff illegally installed fences on the instant ditch, thereby causing inconvenience to traffic by narrow damage in the width of the road.”

The public official in charge of the show shall verify the facts related to the above petition.

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