도로점용허가 거부처분 취소 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be acknowledged in the absence of a dispute between the parties to the circumstances leading to the disposition, or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, and Eul evidence No. 3-1 to 5:
On July 2012, the Plaintiff filed an application with the Defendant for permission to occupy and use a road for the part of the land [the part adjoining to the lower color among the five marks of evidence No. 3, No. 358 of the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do 358 (hereinafter “the road of this case”) to allow the Defendant to enter the gas station scheduled to be installed and operated on the land of 7-5, Nam-dong, Busan (hereinafter “the gas station of this case”) in the area of the same 7-4 and five parcels (hereinafter “the application site of this case”).
B. On July 11, 2012, the Defendant rejected the said application on the ground that “the application for permission to occupy and use the road conflicts with the influence of cross-sections as stipulated in Article 6 subparag. 3 of the Ordinance on Connection with Local Highway and other Roads” to the Plaintiff.
(hereinafter referred to as “the instant disposition”). (c)
Therefore, the Plaintiff filed a request for examination of the instant disposition with the Board of Audit and Inspection on September 2, 2013, but the Board of Audit and Inspection dismissed the said request for examination on the ground that “the instant disposition cannot be deemed as an abuse of discretionary authority, since it does not constitute an abuse of discretionary authority,” on the ground that the front part of the entrance road to be opened by the Plaintiff is located within the intersection of another road as stipulated by the “Rules on Connection with other roads, etc.” and the instant application constitutes an area subject to restriction on the installation of transmission lanes, etc. at additional 60 meters from the sphere of influence to the intersection, etc.
2. Whether the instant disposition is lawful.