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(영문) 서울중앙지방법원 2019.01.10 2017가단5177430
주위토지통행권확인 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 12,930 square meters of land owned by the Plaintiff (hereinafter “Plaintiff-owned forest”). The Defendant Republic of Korea is the owner of 5,754 square meters of land owned by the Plaintiff and 1,586 square meters of land owned by the Plaintiff (hereinafter “instant State-owned land”), both Dong-gu, Seo-gu, Incheon and Seo-gu, Incheon (the current status of 5,754 square meters of forest: forest) and 1,586 square meters of land owned by the Plaintiff (hereinafter “instant State-owned land”). The Defendant B is the owner of 1,830 square meters of land owned by the Plaintiff and LPG charging stations of the same Gu, adjacent to the left side of the forest owned by the Plaintiff.

B. The Plaintiff’s forest land is surrounded by the instant state-owned land, gas station land, G forest land owned by another person, H miscellaneous land, I road, etc., as shown in the annexed Form 2, and the said land must pass through J or K to enter public service areas.

Plaintiff

The current status of surrounding lands, including owned forests, shall be as shown in attached Form 2.

C. On December 10, 2015, the Plaintiff filed an application for permission for the development of a forest owned by the Plaintiff with the head of Seo-gu Incheon Metropolitan City, Incheon Metropolitan City for the construction of neighborhood living facilities in the Plaintiff-owned forest. However, on June 15, 2016, the Plaintiff received a disposition to return the instant state-owned land (D and C) on the ground that it failed to implement a request to supplement the request to “the implementation of an agreement on conversion of forest to D after the designation of the road, to supplement the project purpose and the area to be converted (Concurrent with retail Building Permission), to supplement the project purpose and the area to be converted to

The Plaintiff filed an application for permission to use and benefit from part of the State-owned land of this case (32 square meters in C and 111 square meters in D) for the purpose of opening a forest owned by the Plaintiff as an entry into the forest, and received the permission to use and benefit from the State-owned land from June 3, 2016 to December 31, 2016.

However, the plaintiff's application for permission to use and benefit from the above part of state-owned land was defective around the expiration date of the above period, and the head of Seo-gu Incheon Metropolitan City on March 2, 2017 "construction of roads meeting the requirements for conversion of state-owned land in this case is in accordance with Article 30

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