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(영문) 수원지방법원 2016.07.21 2016구합62857

사도통행금지허가신청 불허가처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 7, 2011, the Plaintiff was granted a permit from the Defendant to construct a road of 522 meters in length, 10 meters in width, 9,727 square meters in a day-to-day 151 square meters in the lusium in the lusium in lusium in lusium (Article 208-7-1). On February 9, 2012, the Plaintiff obtained a permit again (Article 2008-7-2) with the content that reduces only the area among the above permitted matters into 9,604 square meters in size (Article 123 square meters in number).

At this time, the terms of consultation attached to the above permission are as follows.

On the terms of consultation, the connection section of the private road shall be the prospective site for the national map 82 lines implemented in Gyeonggi-do, and shall revise the plan improvement of the access section of the private road in accordance with the road construction plan and the plan improvement when the road package construction is to be implemented in the future.

1. The implementation of a project shall be implemented in accordance with the project plan book submitted at the time of application for permission, and shall obtain permission for modification if the project plan is modified, or the permitted area is expanded or reduced;

2. If it is deemed necessary by the licensing authority, the width and extension may be changed and improved.

3. He/she shall take measures to prevent damage to neighboring farmland (including related facilities) due to construction works of private roads, and shall bear the responsibility of the permiter for the restoration of damaged area;

4. It shall be used for public purposes after the construction of a private road, and shall not restrict or prohibit the passage of related residents, and shall obtain prior permission pursuant to Article 3 of the Enforcement Decree of the Private Road Act in the event of a restriction or prohibition;

5. He shall start his business after installing a signboard stating the matters to be permitted under Article 5 of the Enforcement Decree of the Private Road Act within the permitted area; and

(Attachment of a photograph at the time of confirmation of completion)

6.As to the matters contrary to other Acts and subordinate statutes after this permit, I will obtain prior approval and permission under individual Acts and subordinate statutes and attach a license when filing a report on the commencement of a private road.

- The National Land Planning and Utilization Act: To obtain permission for development activities (change).

(v) Rearrangement of Agricultural and Fishing Villages - Projects shall be undertaken after obtaining approval for use other than agricultural infrastructure.