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The judgment of the first instance shall be revoked.
The defendant limited to the plaintiff on February 26, 2019.
Reasons
1. Details of the disposition;
A. On June 5, 2013, the Plaintiff purchased KRW 840,000,000,000 for Pyeongtaek-si C 1157 square meters (hereinafter “instant land”) and completed the registration of ownership transfer on July 8, 2013.
B. The instant land is located in the intersection of Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. (hereinafter “instant intersection”). However, it is impossible to enter the instant land into the road without opening an access road
C. On December 2018, the Plaintiff opened a road to connect the instant land and Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do (hereinafter “instant road”). ① The purpose of the occupancy and use was “establishment of Class 12 neighborhood living facilities”, “20.6 square meters out of 5,565.8 square meters,” “from January 10, 2019 to January 9, 202”, “the period of occupancy and use”, “from January 10, 2019 to January 9, 2020”; the structure of the object was “an application for permission for occupancy and use of a road”, “from March 1, 2019 to March 30, 2019,” and “an application for permission for occupancy and use of a road”, respectively, and ② the connection purpose was “an application for permission for occupancy and use of a road to enter the Class 12 neighborhood.”
In addition, the Plaintiff filed an application with the head of Pyeongtaek-si on January 7, 2019 for a building permit for one building on the instant land (=the first class neighborhood living facilities (retail stores) 89.1 square meters, second class neighborhood living facilities (general restaurants) 108.9 square meters).
E. The Defendant constitutes a prohibited section under the main sentence of Article 6 subparag. 3 (a) and [Attachment 4] of the Ordinance on Connections between Pyeongtaek-si Road and Other Facilities (hereinafter “instant Ordinance”), and thus, the instant intersection, which is three intersections, is changed to four intersections including the instant intersections, and the instant intersection is changed to four intersections.