beta
(영문) 부산고등법원 2018.05.30 2017누24219

도로점용 및 연결허가신청 불허(반려)처분 취소

Text

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.

Reasons

1. The reasons why the court has cited the judgment of the court of first instance with respect to this case are as follows. ① Part II and Part VI of the judgment of the court of first instance are as follows.

(2) Part II, paragraph 11, following 2.B:

and shall add the contents of paragraph (3) below 2.C following the third page.

The contents of paragraph shall be added, and (4) the 6th page “D road” in the 4th page “D road” is “20 square meters in which the Plaintiff seeks to occupy and use the road and to connect the road among D roads, and the 20th page “D road” in the 7th or 8th parallel. The 4th parallel road in the 7th parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel between C and H elementary school entrance, and the 4th parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel, respectively.

In addition to adding the contents of the article, it is identical to the entry of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Details to be added; and

A. D Roads were merged into 132 square meters on June 28, 2017, Yangsan-si I road.

B. At the time of the above application, the Plaintiff filed an application with the Defendant for permission to occupy and use a road of 20 square meters among D roads pursuant to Article 61 of the Road Act and Article 54 (1) of the Enforcement Decree of the same Act. This is a person who intends to newly construct, rebuild, alter, or remove structures, things, or other facilities, or occupy and use a road (including a road zone; hereafter the same shall apply in this Chapter) due to any other reason, among D roads.

The same shall also apply where it is intended to extend the permitted period or to alter the permitted matters (including new installation of things dangerous to road structure or traffic safety, other than the permitted matters).

an application for the occupation and use of national highways C and E land connection permission.

(See, 18 April 18, 2018, see, e.g., the third protocol of pleading).

The plaintiff is occupation and use of the plaintiff in the grounds of appeal, brief dated February 27, 2018, etc. ①.