도로점용허가 불허처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 8, 2016, the Plaintiff engaged in the business of manufacturing, distributing, etc. 307 square meters prior to Cheongju-si, the Plaintiff filed an application with the Defendant for permission to occupy and use a road with the purpose of “the storage of goods for plastic exhibition and sales business, such as a set distribution business, water tank, septic tank, etc.” on the Cheongju-si, Seoul Metropolitan City, which is adjacent to the said land, for the purpose of “80 square meters,” among the 25,233 square meters adjacent to the said land.
B. On September 19, 2016, the Defendant rejected the occupancy and use of a road on the grounds that “the occupancy and use of a road for the purpose of storing goods for sale is not subject to the permission to occupy and use a road under Article 55 of the Enforcement Decree of the Road Act”
C. On October 10, 2016, the Plaintiff filed an application with the Defendant for permission to occupy and use the instant road with the purpose of occupation and use as “Plet set”.
On October 17, 2016, the Defendant rendered a disposition not to grant permission to occupy and use a road pursuant to Article 55 of the Enforcement Decree of the Road Act (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion path is the materials and goods necessary for the construction work. As such, the Plaintiff constitutes “facilities and materials for construction work” under Article 55 subparag. 8 of the Enforcement Decree of the Road Act, and the Plaintiff was waiting to leave the instant road at any time while waiting to set path, and thus, the instant road constitutes “cargo storage yard” under Article 5 subparag. 3 of the same Act, and the instant road constitutes “goods” under Article 55 subparag. 12 of the same Act and Article 2 of the Ordinance on the Collection of Permission for Occupation and Use and Use, etc. for Cheongju-si (hereinafter “instant Ordinance”).
Therefore, the relevant regulations are arbitrary, even though they are subject to permission to occupy and use roads under the Enforcement Decree of the Road Act and this Ordinance.