CONTENTS
- 1. The Client Who Came to the Land Attorney
- - The Relevant Statutes Explained by the Land Attorney
- 2. The Land Attorney Presented Legal Evidence to Prevail in the Confirmation of Nullity
- - The Land Attorney Argued That Automobile Passage Was Impossible
- 3. The Land Attorney Succeeded in Confirming the Nullity of the Road Designation Disposition
1. The Client Who Came to the Land Attorney
The client who visited Daeryun seeking a land attorney sought an 🔗administrative litigation to have the road designation disposition declared null.
The client, who resides in a quiet rural house, had been enjoying a leisurely retirement in the peaceful neighborhood.
A road was constructed in front of the client's house, lowering the value of the house, and as it was used as a passage for the neighborhood, complaints of inconvenience were also raised by the residents.
Accordingly, the client, arguing that there was a defect in the relevant procedure, decided to file a lawsuit seeking confirmation of nullity of the road designation disposition.
The Relevant Statutes Explained by the Land Attorney
A land attorney will explain the purpose and procedure of road designation and public notice.
A road as referred to in the Building Act is a road at least four meters wide that allows pedestrian and vehicular passage, and means a road or planned road whose location was designated and publicly notified by a mayor, county governor, or head of a district office, and so forth, at the time of a building permit.
Conditions of a road
1. It must allow pedestrian and vehicular passage
2. At least 4m wide
3. It must be a road whose location has been designated and publicly notified
In order to construct a building on a site without a road, the road designation and public notice procedure must be undergone.
-In road designation and public notice, the permitting authority designates the location at the time of the building permit (report)
-The permitting agency publicly notifies on its website or notice board, stating the location, section, width, and area of the road, whether the consent of the landowner has been obtained, and so forth
-It is recorded in the road management register for management
A road designated through this process is recognized as a road under the Building Act.
However, obtaining the consent of interested parties at the time of road designation and public notice is mandatory.
(Interested parties: the owner of the land (road), the owner of a site adjoining the road, and so forth)
2. The Land Attorney Presented Legal Evidence to Prevail in the Confirmation of Nullity
A land attorney collected and presented evidence capable of proving the illegality of the administrative procedure in order to win the confirmation of nullity for the client.
The Land Attorney Argued That the Consent of Interested Parties Had Not Been Obtained
The land attorney pointed out that the consent of the client, who was an interested party, had never been sought for the designation and public notice of the road location, and pointed out that the procedure under the Administrative Procedures Act had not been complied with.
This is an act in violation of Article 45 of the Building Act.
Building Act Article 45 (Designation, Abolition, or Modification of Roads)
(1) Where a permitting authority intends to designate and publicly notify the location of a road pursuant to Article 2 (1) 11 (b), it shall obtain the consent of interested parties to that road as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Provided, that where any of the following applies, it may designate a road through deliberation by the building committee without obtaining the consent of interested parties.
1. Where the permitting authority recognizes that it is difficult to obtain the consent of interested parties for reasons such as the interested parties residing overseas
2. Where it is a de facto passage that residents have used as a passage for a long time and is prescribed by the ordinance of the relevant local government
(2) Where a permitting authority intends to abolish or modify a road designated pursuant to paragraph (1), it shall obtain the consent of interested parties to that road. The same shall apply where the owner of land incorporated into the road, the building owner, and so forth, applies to the permitting authority for the abolition or modification of a road designated pursuant to paragraph (1).
(3) Where a permitting authority designates or modifies a road pursuant to paragraphs (1) and (2), it shall record and manage this in the road management register as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
The Land Attorney Argued That Automobile Passage Was Impossible
The land attorney pointed out that the road was so narrow in width that vehicles could not pass.
As noted earlier, the first of the conditions for a road designated under the Building Act is that it "must allow pedestrian and vehicular passage."
The land attorney emphasized that, because the width did not permit vehicular passage, it could not be designated as a road, and that the disposition in this matter violated an important part of the statute.
3. The Land Attorney Succeeded in Confirming the Nullity of the Road Designation Disposition
With the assistance of the Daeryun land attorney, the illegality of the road designation disposition was proven and a result of confirmation of nullity was obtained.
In the case of land-related administrative litigation such as the above, which is more complex and difficult than ordinary civil litigation, the capability of an attorney able to review the key administrative issues is above all important.
Daeryun LLC provides legal assistance tailored to each client's situation.
If you need the assistance of an 🔗attorney specializing in this field in a situation such as the above, please request a consultation from Daeryun LLC.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
