도로연결 및 점용허가처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic facts are: (a) on October 27, 2014, the Plaintiff obtained from the Defendant the road connection and the permission to occupy and use (from October 27, 2014 to December 31, 2023, 202) on the part of 346.72 square meters of the road (hereinafter “instant road”) for the purpose of occupation and use of the area of 703 square meters (hereinafter “instant land”) among the 1135 Line of Dopo-si, Seopo-si, Seopo-si, Seopo-si, B, and Seopo-si, Seopo-si (hereinafter “Spo-si”); and (b) obtained the road connection and the permission to occupy and use (from October 27, 2014 to December 31, 2023).
(A) On January 23, 2015, the Plaintiff (i) obtained a building permit to build a building of the first class neighborhood living facilities (retail stores) of the first class 1 floor on the ground of the instant land from the Seopopo City on January 23, 2015, and (ii) obtained a building permit to build a building of the second class 1 floor (multi-family houses) of the second class 124.54 square meters on the ground of the instant land (hereinafter “instant building permit”).
However, on February 24, 2015, based on Article 96 subparagraph 2 of the Road Act or Article 97 (1) subparagraph 3 of the Road Act, the Defendant revoked the instant road-related permission on the following grounds, and ordered the restoration of the road facilities, etc. arbitrarily damaged by the Plaintiff after the prior notice of revocation of permission until March 10, 2015, based on Article 73 of the Road Act, and notified the Defendant to the effect that if the restoration procedures are not implemented within the said period, it will restore the road to the original state according to the procedures for vicarious execution and claim other expenses
(hereinafter referred to as the "Disposition in this case". Prior to the amendment by Ordinance No. 1506 of the Jeju Special Self-Governing Province Ordinance No. 1506 on December 31, 2015 to the Ordinance on Connection between the Road in Jeju Special Self-Governing Province and other facilities, the grounds for revocation were to be met.
of this case’s Ordinance (hereinafter “instant Ordinance”).
Article 4(4) [Attachment I] for the application for connection permission in accordance with the provisions of Annex I.