도로점용허가 불허가처분 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Details of the disposition
In order to newly construct gas stations on the ground of Jeonnam-gun, Gun C (hereinafter “the instant application site”), the Plaintiffs filed an application for permission to occupy and use a road (hereinafter “instant application”) with respect to the land of 12,844m2 (hereinafter “instant land”) on the 12 lots and 12 lots (hereinafter “instant land”) with the intent to directly connect the Defendant with the instant application site and the instant six-line roads located on the front side of the instant road (hereinafter “instant road”).
On June 10, 2015, the Defendant rendered the instant disposition rejecting the instant application on the ground that “The instant application was rejected on the ground that the instant application was based on the ground that “the prohibition section prohibiting the connection permission of multi-level intersections is set at 60 meters, but the ground plan plan of the road plan was planned without keeping a restricted distance in the ground plan of the application for the permission for the occupation and use of a road as it constitutes a six-lane main road connected to the national highways and thus, the risk of traffic accidents occurs.”
On September 4, 2015, the Plaintiffs filed a petition with the Jeonnam-do Administrative Appeals Commission for a ruling seeking revocation of the instant disposition. However, Jeonnam-do Administrative Appeals Commission dismissed the Plaintiffs’ claim on March 11, 2016.
[Grounds] The plaintiffs' assertion as to the legitimacy of the disposition of Gap's evidence Nos. 1, 3, and Eul's evidence Nos. 9, and the overall purport of the pleadings as a whole. First, although the application of this case is not only the filing date of the application for permission to occupy and use a road for the Gun roads but also the application does not apply to the permission to occupy and use a road for the national highways, the defendant applied the strict criteria as stipulated in the Rules on Connection with other facilities (hereinafter "Road
In addition, applying strict standards applicable to national expressways and national highways, which are higher levels under the Road Act, to the Gun roads, which are lower levels, is the principle of equality under the Constitution.