logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.30 2015가합43748
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of the Plaintiff’s license to reclaim public waters near Busan C and build a factory site on May 6, 1981 by reclaiming public waters near Busan C, the Plaintiff is the “instant reclaimed land” and the “instant reclamation license” from the Minister of Maritime Affairs and Fisheries on May 6, 1981 with respect to the reclamation license of public waters with respect to the size of 69,518 square meters in Busan

(2) The Minister of Maritime Affairs and Fisheries granted the instant reclamation license to the Plaintiff, and attached the condition that “The plan shall include the surrounding land in detail on the plan of implementation, and install a coastal road of 20 meters in width and 20 meters in width on the section 210 meters in front of the coastline, and the road on the south side and north side shall be 20 meters in width, and the road construction shall be in conformity with the urban planning in Busan City.”

B. 1) On September 30, 1983, the Busan Metropolitan City Mayor issued a request by the Plaintiff to formulate an implementation plan for the reclamation of public waters (hereinafter “the reclamation of public waters”) to implement the above reclamation license conditions, the Busan Metropolitan City Mayor refers to the E line (the width of 28 meters; hereinafter “the E line”).

A) The determination of urban planning facilities (hereinafter referred to as “determination of urban planning facilities of this case”) with the content of newly establishing a F-line (the length of 390m, width of 20m, red-ray display portion in the annexed drawings) and a G-line (the length of 390m, width of 20m) among access roads connecting the coastline and the parallel road of the reclaimed land of this case (hereinafter referred to as “determination of urban planning facilities of this case”).

(2) On October 17, 1983, the plaintiff applied for authorization of implementation plan for reclamation of public waters according to the reclamation license of this case by reflecting the urban planning facilities on October 17, 1983. On December 12, 1983, the plaintiff obtained authorization of implementation plan for reclamation of public waters from the Minister of Maritime Affairs and Fisheries of Busan Regional Maritime Affairs and Fisheries (the head of the Busan Regional Maritime Affairs and Fisheries Office) and conducted reclamation of public waters (hereinafter “instant reclamation work”).

C. On the other hand, the plaintiff and the defendant are adjacent to the reclaimed land in this case H.

arrow