도로점용허가 불허가처분 취소
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 or around December 2012, the Plaintiff is deemed to be the Plaintiff’s land B,298 square meters (hereinafter “instant land”) from the Defendant, Jeonnam-gun, Chungcheongnam-gun, Seoul-do (hereinafter “instant land”).
(2) Around July 1, 2014, a four-lane local highway C (hereinafter “instant road”) located on the front of the instant land was established around July 1, 2014. On June 13, 2016, the Plaintiff filed an application for permission to occupy and use the instant land and the instant land for the purpose of using the instant land as materials-free and rental business sites, with a view to installing an access route directly connected to the instant land and the instant road (hereinafter “instant application site”).
(3) On June 21, 2016, the Defendant, as the road management authority of the instant road, rejected the instant application on the ground that “the location of the application falls under the prohibited section for cross-section connection pursuant to Article 6 (Prohibition Section for Consolidated Permission) of the Ordinance on the Connection of Local Highways and Other Facilities (hereinafter “Seoul-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do ”)” (hereinafter “instant disposition”).
(B) B. The instant road, including the location of the instant road and the site for application, is four-lanes from the instant road to the local highway C, which was opened around July 1, 2014, and the design speed is 70km/h. The instant application is located at a distance of 35 meters from the centerline of the intersection where the instant road and the E-road crossings (the form surrounding the instant application site is as follows: (a) the form of the instant plan is as indicated below; and (b) the roads connected to the upper part of the instant projected ground plan are the instant road; and (c) the instant application is the “specific packaging” part of the planned ground plan.
C. On July 28, 2016, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Jeonnam-do Administrative Appeals Commission, and the Jeonnam-do Administrative Appeals Commission on October 2016.