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(영문) 창원지방법원진주지원 2017.12.07 2015가단3835
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. The pertinent Plaintiff is the owner of the gas filling station (hereinafter “instant gas filling station”) set up on B and five parcels outside Jinju-si, and on its ground.

The defendant is the management agency of the corresponding section of national highways D (hereinafter referred to as the "road section of this case") where gas filling stations in this case pass through Jin-si, etc. adjacent to Jin-si.

B. Around May 2004, the Defendant permitted the Plaintiff to occupy and use the instant national highways D with respect to the instant gas filling station’s national highways, including the following:

After obtaining the above permission from the Defendant, the Plaintiff completed road construction and packing construction, etc. on the part of the road of this case, for the purpose of entering and leaving the gas filling stations of this case.

On March 2010, the Defendant changed the occupancy area from 1,781 square meters to 1,423 square meters upon the application of the Plaintiff on the ground of change, etc. to the entrance and exit.

1) Permission conditions for occupancy and use period of 1,781m2 (2) occupation and use area of 1,781m2) from May 2004 to December 31, 2014 (4) from May 2004 to December 31, 2014 (1) use site for occupancy and use permission can only be used for occupancy and use for other purposes, and use for other purposes cannot be used for any inevitable purpose, and permission for change should be obtained.

(3) (2) The period of occupation and use shall be until December 31, 2014, and when the period of occupation and use expires, the road shall be immediately restored to its original state, and the result shall be confirmed by the permitting agency.

(4) (3) With respect to a road zone (road site), the person who has obtained permission to occupy and use shall not restrict the passage of the general public or infringe or restrict the private rights of neighboring land owners on the ground that he/she has obtained permission to occupy and use, and if there are parts to be jointly used in relation to a new occupation and use and connection

§ 11.c.

The defendant's road construction work 1 is the defendant's national road D Jin-si, Jin-si, E-dong.

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