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(영문) 부산지방법원 2016.04.28 2015구합1480
용도폐지처분무효확인
Text

1. On April 11, 2014, the Defendant’s disposition of disuse of administrative property is null and void.

Reasons

Details of the disposition

The Plaintiff is the owner of the Plaintiff’s land in Suwon-gu, Busan (hereinafter “Plaintiff’s land”) and the building on its ground (hereinafter “Plaintiff’s building”).

The former land category before the change is a ditch, which is the area of B, Busan, the area of which is 173 square meters (hereinafter “instant land”) is adjacent to the Plaintiff’s land on the one hand, and the opposite part is adjacent to the site for the construction of the main complex building (the area of the instant main complex building (hereinafter “the area of the instant land”) of the Cwwal Construction Co., Ltd. (hereinafter “Sewal Co., Ltd.”).

The previous owner of the land of this case is the Republic of Korea, and cement packaging was made on the ground of the land of this case, and on the underground, sewage conduits, which are combined pipes (it is installed on January 1, 1983, hereinafter “existing sewage facilities”) were laid underground.

The plaintiff has been discharging sewage including sewage discharged from the plaintiff's building by linking it to existing sewage facilities.

On March 2007, the non-party company applied for a construction permit for the instant land and the instant main complex building site, and the defendant examined whether the instant land was disused.

On April 16, 2007, the Defendant issued a disposition to abolish the use of ditches (hereinafter “previous disposition”) on the instant land on the basis of a report, etc. on the fact-finding survey that “The owner of adjoining land, including the land D, including the land in Busan, is deemed to have significantly increased the utility at the time of annexation with the neighboring land as the same person due to the construction of a planned road and the installation of drainage and drainage facilities of multi-family housing,” and the land category of the instant land was changed to “building site” on April 16, 2007.

After that, the land of this case was abolished on April 23, 2007.

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