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(영문) 제주지방법원 2019.06.26 2017구합6079
원상복구명령취소
Text

1. The Defendant’s order to reinstate the Plaintiff on December 21, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff’s construction of a new building 1) around January 2015, the Plaintiff owned Jeju-si B interest rate (hereinafter “B interest rate”).

C) A large-scale 384 square meters (hereinafter “Before division”).

(2) The Plaintiff: (a) obtained a building permit from the Defendant on March 24, 2015; (b) applied for a change in the building permit on April 7, 2015 to the effect that the building area is reduced on April 7, 2015; and (c) obtained a building permit on April 24, 2015.

3) The Plaintiff’s building following the above modification permission (hereinafter “instant building”).

(B) On October 28, 2015, after completing the construction, obtained approval for the use of the instant building on October 28, 2015. (B) Jeju-si requested a survey to create a public parking lot to F, a public property, and the Korea Land Information Corporation (hereinafter “Defendant land”) conducted a boundary restoration survey on April 23, 2015. However, on the ground that the said survey was an area where the said land had occurred, Chocheon-gun constructed a public parking lot on the basis of a stone fence in the said land.

2) The owner of G adjacent to D and the Defendant’s land, a site for the instant building, requested a survey for the construction of a new building on the ground. On May 2, 2016, the Korea Land Information Corporation confirmed that the instant building was in violation of the Defendant’s land as a result of the boundary restoration survey on May 2, 2016. (3) On July 19, 2016, the Korea Land Information Corporation established a boundary point sign to indicate the part of the Defendant’s land where the instant building is in violation of the said survey (hereinafter “instant survey”).

C. On December 21, 2016, the Defendant ordered the Plaintiff to restore the instant building to its original state, stating that “The instant building occupies the Defendant’s land without permission, by January 19, 2017, pursuant to Article 83 of the Public Property and Commodity Management Act, it shall be restored to its original state by January 19, 2017

(hereinafter referred to as "the Disposition in this case"). 【No dispute exists, Gap 1-11 evidence, Eul 3-5, and Eul .

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