도로점용(연결)허가 거부처분 취소
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 15, 2019, the Plaintiff filed an application with the Defendant for a permit to occupy and use a road and a permit to connect a road to a 646m2 (hereinafter “instant application site”) located in Busan-gun, Busan-gun, and 11m2 (hereinafter “the instant application site”). On October 29, 2019, the Defendant rejected a permit to connect a road if structural transformation of a road, such as adjusting the height of the road or changing the horizontal location, is accompanied by the structural transformation of the road, and it is likely that the relocation of residents’ convenience facilities, such as the body road, might not be installed or relocated pursuant to subparagraph 7 of Article 6 of the Rules on Connection with other facilities (hereinafter “Road Connection Rules”), and thus, it is difficult to directly enter the State road.”
(hereinafter referred to as the "disposition in this case"). 【No dispute exists, entry of Gap's evidence Nos. 1 through 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion does not fall under the prohibited section of permission for road connection as stipulated in Article 6 subparag. 7 of the Road Connection Rule, and does not fall under the daily traffic volume near the instant application site, and considering the actual status of surrounding land, the instant application site does not constitute a traffic flow or safety, and does not pose a risk to residents’ passage, and thus, the instant disposition was abused and abused discretion.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination of permission to occupy and use a road is an act of establishing a right to use a specific part of a road separately from general use.
A road management authority shall take into account the eligibility of an applicant, the purpose of occupancy, the necessity of special use, the influence of public interest, etc., and the place, area, and period of occupancy.