도로점용 및 연결허가신청 불허(반려)처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. In the process of performing the extension construction of national highways C, which passed 56 square meters of B roads in Yangsan-si around the end of February 2010, Yangsan-si acquired the D-73 square meters (the land category was changed to a road on July 6, 2015; hereinafter “D road”) located on the said road from the Plaintiff on June 21, 201, and included it as part of national highways C.
B. On May 2013, the Plaintiff filed an application for permission to occupy and use a part of D roads to allow the Plaintiff to enter the national highway C through D roads on June 17, 2016 with respect to the Defendant, who is the management agency of national highways C, to enter the national highway C when the construction of the factory was completed on the ground of 2,242 square meters of the E factory site in Yangsan-si owned by the Plaintiff (hereinafter “E land”).
C. On July 14, 2016, the Defendant rendered a disposition rejecting the Plaintiff’s application (hereinafter “instant disposition”) on the ground that D road constitutes a prohibited section for the connecting permission under Article 6 subparag. 3 of the Regulations on Connection between Roads and other Facilities (hereinafter “Road Connection Regulations”).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 8, Eul evidence 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion: (a) Yangsan-si promised from the Plaintiff that “If D road is expropriated and national road C is expanded, the passage will be opened to enable the Plaintiff to enter the road into and depart from the national road C; and (b) the Defendant did not grant permission only to the Plaintiff even though the permission to occupy and use the road and connect the prohibited sections adjacent to D road was granted several times; (c) in light of the fact that the instant disposition was arbitrarily exercised or abused the administrative authority.
(b) as shown in the attached Form of the relevant statutes;
(c) Determination 1 is a binding act.