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(영문) 수원지방법원 2016.02.16 2015구합1848

기존도로복구행위중단처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 19, 2015, the Plaintiff filed a civil petition with the Defendant for restoration of the instant land to a road, on the grounds that a vinyl, etc. illegally loaded the instant land on the instant land, and thus, could not be used as a road. However, the Plaintiff filed a civil petition to request the Defendant to restore the instant land to a road, on the following grounds: (a) the part indicated in the separate sheet (area 101 cubic meters, length 54 meters; hereinafter “instant land”) among the part on the land B, Hanam-si, Seoul, a State-owned land adjacent to the size of 1,670 square meters, which

B. On June 29, 2015, the Defendant: (a) on the Plaintiff, “the instant land has lost its public function as a road, and thus is not to restore it to its original state; and (b) on the basis of the survey result, the Defendant is a plan to impose State property fees and indemnities on illegal occupants of the instant land. The Defendant issued a civil petition reply with the purport of “instant reply” (hereinafter “instant reply”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is directly related to the rights and obligations of the people, such as establishing a right, ordering an obligation, and giving rise to other legal effects on a specific matter (see, e.g., Supreme Court Decision 82Nu231, Jul. 27, 1982). In order for an administrative agency’s refusal against a citizen’s application to constitute an administrative disposition subject to an appeal litigation, the right to file a petition under the relevant laws and regulations or sound reasoning must be required for the citizen. If an administrative agency refuses a citizen’s application without the basis of the right to file a petition, the refusal does not affect the applicant’s rights and legal interests,