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(영문) 수원지방법원 2020.01.23 2019구합65956
공유수면점용ㆍ사용허가신청반려처분 취소 청구의 소
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. The Plaintiff’s acquisition of land ownership, the construction of the instant aggregate building, and the construction of the retaining wall of this case) on January 20, 2010, the Plaintiff is only B-dong in Gwangju City (hereinafter “B-dong”).

C) The ownership of the said two lands was acquired. On September 19, 2011, the said two lands were combined, and the said two lands were divided into C 1,741 square meters, and C 1,741 square meters on October 11, 2011.

(C) The Plaintiff newly built a 4-story collective housing (multi-household housing), which is an aggregate building, on the land of C, and on October 8, 2012, the said aggregate building (hereinafter “instant aggregate building”).

The registration of ownership in the Plaintiff’s name was completed with respect to each subdivision of H, I, J, K, L, M, M, N, and H. In addition, on October 8, 2012, the period of the right to a site with land C, the subject matter of which is a site ownership, shall be the registration of the purport that C’s ownership becomes a site ownership for the instant aggregate building (hereinafter “registration of the purport that the instant right to a site”) in the registration record of land C, and the registration of the purport that C’s ownership becomes a site ownership for the instant aggregate building.

A) Each of the instant aggregate buildings was completed. Meanwhile, while constructing the instant aggregate building, the Plaintiff is a State-owned land adjacent to C and C’s land, 1,458 square meters of the P ditch (hereinafter “P land”).

(A) A retaining wall of an vegetation of about 45 meters in length between the boundary line (hereinafter referred to as “instant retaining wall”).

() A retaining wall of a vegetation block refers to an eco-friendly retaining wall that has been installed at a height of not more than 4 meters normally in consideration of economic aspects in order to prevent soil erosion and loss by installing a block on the slope side of a residential complex or site for an electric power plant and preventing soil erosion and loss. It refers to an environmentally-friendly retaining wall structure that is ordinarily installed at a height of not more than 4 meters in consideration of economic aspects so that trees, flowerss, etc. can grow (the location is in accordance with the attached construction plan).

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