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(영문) 창원지방법원 2014.07.17 2013가합1044
손실보상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 7, 191, the Plaintiff applied for approval of a project plan to construct an apartment on the ground of five lots, such as 19-3 Do-dong, Changwon-gun, Changwon-gun, Seoul Special Metropolitan City, which was owned by the Plaintiff on March 7, 1991, prior to the administrative district reorganization. Around April of the same year, the Plaintiff obtained approval from the Mayor/Do governor on the condition that “road deduction portion should be divided before the completion of construction to a road, and the access road shall be packed before completion of construction.” On July 4, 1992, the Plaintiff filed an application with the head of Chang-gu Special Metropolitan City on July 4, 1992, divided the above rearrangement of the use into 19-12 square meters, and changed the classification of the divided land into “road” and the remaining land category into “number of 19-36,692 square meters.”

B. In addition, on September 29, 192, the Plaintiff applied for approval of a project plan to build an apartment on the ground of 3008 square meters in Chang-gu, Chang-gun, Chang-gu, Seoul Special Metropolitan City, which was owned by the Plaintiff, to the Do Governor on September 29, 1992, and obtained approval from the Do Governor of the same year on October of the same year under the condition that “the land category shall be adjusted by using the road as before the application for the use inspection of the building,” and on February 1, 1994, the Plaintiff divided the above rearrangement 20-3 3,000 square meters from the above rearrangement 20-18 square meters into the above rearrangement 20-18, as well as the land category of the divided land (the land specified in paragraph (2) of the attached Table) into “road”, and the remaining land category of 20-3 2,808 square meters into “large-scale.”

(hereinafter referred to as "each land of this case") each land listed in the attached Table;

Each land of this case is used as a road under the control of the defendant until now, since the plaintiff divided the land of this case into a road and changed the land category into a road, it provided as a passage for apartment residents, etc. constructed by the plaintiff.

On June 21, 2012, the Plaintiff used each of the instant land as a road for 21 years to the Defendant.

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