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(영문) 대전지방법원천안지원 2017.09.08 2016가합101689
도시관리계획변경절차 이행 등
Text

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

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

Reasons

.9.13. E and F entered into an exchange contract with the following terms:

(hereinafter referred to as “instant exchange contract”) C.

In January 2014, Defendant Private Teaching Institutes drafted to R a letter of consent to the use of roads (No. 1, hereinafter “the letter of consent to the use of roads of this case”) with the following contents.

The head of the agency: He/she agrees to use the above road as the road site for building permission of two parcels (L answers, M) other than Asan-si, Asan-si, for L and M Building License.

Terms and conditions of consent: The construction vehicles in the above area shall use the right side road (H) in the existing construction site, pass the vehicle, install soundproof walls and scattering dust blocking facilities outside the construction site so as not to cause damage to D University and students established and operated by the Defendant Private Teaching Institutes, and consent to use the road under the condition that vehicle traffic blocking facilities are installed on the part connected to the access road of D University at the time of completion of the road *C to use the road accompanied by the non-packaged portion connected to the current road along with road construction (defens, etc.) in the same manner as the current road.

D. On April 7, 2014, the Plaintiff completed the registration of ownership transfer with respect to S Forest 21,124 square meters (hereinafter “S land”) in the future. On April 23, 2014, the Plaintiff obtained a building permit for the above land buildings from the Asan market. Around that time, the Plaintiff started construction of the building and completed construction on December 2015.

E. Of the 46,310 square meters in a school site, the portion (A) of the school site in the ship connected each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1, connected in sequence, among the 46,310 square meters in a school site, is located on the ground of 153 square meters in a school site (hereinafter “instant land”), around August 14, 2015, the same drawing (1) is installed, and the same drawing (2), (3), (4), and (5) marked trees are planted.

[Ground of recognition] The fact that there is no dispute, and there are at least the evidence of Gap 1 through 5, shall be included in each number.

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