도로점용변경불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 9, 2014, the Plaintiff filed an application with the Defendant for a construction permit and permission for development activities to newly construct two-class neighborhood living facilities (office) and housing (hereinafter “instant office”) on a total of 1,745 square meters in 681, 684, and 682 square meters in Jeonsung-gun, Jeonsung-gun, the Plaintiff concurrently filed an application with the Defendant for a construction permit and permission for development activities. On January 14, 2015, the Plaintiff obtained a construction permit and permission for development activities from the Defendant.
B. On January 8, 2015, the Plaintiff obtained permission from the Defendant to occupy and use the instant road for the purpose of occupation and use by entering the entrance and exit to the instant office from January 8, 2015 to December 31, 2018 (hereinafter referred to as “existing road occupancy and use permission”) with respect to the former Gisung-gun, Dodong-ri, 688-1, and seven parcels (hereinafter referred to as “instant occupation and use area”) located in the Gun road 6 line (hereinafter “instant Gun road”).
C. On June 1, 2015, the Plaintiff filed an application with the Defendant for permission to change the occupancy and use of roads for the purpose of occupancy and use of existing road (hereinafter “instant application”) with the purport of adding an access and exit route for transporting forest products, in addition to the access roads to the instant office.
Accordingly, on June 11, 2015, the Defendant notified the Plaintiff of non-permission regarding the instant application (hereinafter “instant disposition”) on the following grounds (hereinafter “instant disposition”).
1) If a dump truck laden with earth and stone enters the Gun road by a slope section with a dump truck with no dump 12% of the shape of a road without a dump lane, traffic congestion due to low speed traffic or traffic accident risk due to overtake, and pollution due to smoke in the dump section due to low speed driving continues to exist, and environmental pollution is anticipated in the neighborhood of the place of business (hereinafter “reasons 1 disposition”).
2) In addition, the road section for which the application for the change of the occupation and use of the earth or stone is prohibited due to the entry into the earth or stone collection shall be transported by the road section, the Gu precedents, and the earth