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(영문) 전주지방법원정읍지원 2017.06.14 2016가합2517
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 19, 2013, the Plaintiff planned a new construction of a mergian farmer on the land B and C, and obtained approval for the use of agricultural infrastructure other than the following content with respect to the size of 102 square meters, among 2,859 square meters adjacent to the said land, and 13 square meters, among 314 square meters, from among the 2,859 square meters adjacent to the said land.

The purpose of use: The period of use of the earth or stone collection station for entry into the earth or stone collection station: The conditions of approval from June 2013 to June 30, 2014: It shall be resolved immediately when a civil petition is filed due to the occupation and use of the farm road.

B. On June 28, 2013, the Plaintiff obtained a construction permit in the form of complex civil petition with respect to the construction of three Dongs and composts (a total floor area of 1,958 square meters; hereinafter “instant building”) from the Defendant, from the Defendant, with respect to the construction of the facilities related to the Gosi-gun B and C’s ground animal and plant in Jeonbuk-gun, and one compost (a total floor area of 1,958 square meters; hereinafter “instant building”), and the construction was

C. On October 8, 2013, the Defendant issued an order to temporarily suspend construction works until a civil petition is filed on the ground that the Plaintiff violated the approval conditions on the ground that he/she used the agricultural infrastructure in excess of the approved area, and that “the immediate settlement shall be made when a civil petition arises due to the occupancy and use of the road.” On October 21, 2013, the Defendant issued an order to restore the agricultural infrastructure to its original state by October 21, 2013. On October 10, 2013, the Defendant issued a disposition to temporarily suspend construction works until the civil petition is settled (hereinafter “instant disposition to suspend construction works”).

In October 2013, the Plaintiff asserted that he restored to the original state more than the area approved as the occupation and use of agricultural infrastructure approved as a policeman, and filed an administrative appeal with the former North Korean Administrative Appeals Commission, and the former North Korean Administrative Appeals Commission on December 24, 2013.

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