도로변상금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the allegations added by the plaintiff in this court, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article
Additional Judgment
A. The plaintiff asserts that the occupied part of this case is a delivery for the traffic of the general public, and thus does not constitute a road subject to the disposition of imposing indemnity.
The term "road occupation and use" stipulated in Articles 61 and 72 of the Road Act means the so-called special use of a specific part of a road, which is used in a tangible and fixed manner, separately from such general use, with respect to a road for public use by the general public. Such special use of a road is not always exclusive and exclusive, but it is possible to coexist with the general use of a road according to its intended use. In such a case, the road occupation and use part at the same time cannot be viewed as being public use of the general public traffic. On the other hand, whether such special use or general use should be determined depending on the main use and function of the road use.
(see, e.g., Supreme Court Decision 94Nu5830, Feb. 14, 1995). In full view of the written evidence Nos. 15, Nos. 8, 10, and 11, the part in possession of the instant parking lot was packaged during the period in which the Plaintiff was leased the instant parking lot, and the vehicle seeking to use the instant parking lot was packed in order to make it convenient for the Plaintiff to enter the parking lot and enter the road on the road, and it can be recognized that there was a sloping, as well as that there was a sloping for vehicle entry.
Therefore, the main purpose and function of the occupation of the instant parking lot are to be used as entry roads of the instant parking lot.