도로사용료부과처분취소
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.
1. The reasoning of the judgment of the court of first instance cited in the instant case is partially dismissed as follows, and the Plaintiff’s assertion at the trial is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment identical to that of paragraph (2). As such, the reasoning of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
6 pages 4 of the first instance judgment "No. 3" shall be written with "No. 3 and 8".
6 under the 5th bottom of the judgment of the first instance, the following is added: “The purpose of the connecting passage of this case by the plaintiff or B has disappeared.”
2. Additional determination
A. The Plaintiff asserted that the disposition of this case is unlawful as a disposition based on the premise that no permission to occupy and use is available, since the Plaintiff applied for revocation of permission to occupy and use the road to the Defendant, and the Defendant rendered a second disposition premised on revocation of permission to occupy and use the road on June 30, 2017.
On June 30, 2017, the fact that the Defendant collected road usage fees from April 1, 2017 to June 15, 2017 from the Plaintiff on June 30, 2017 is as stated in the reasoning of the judgment of the first instance cited earlier. Meanwhile, according to the overall purport of the statement and pleadings, it seems that the Plaintiff made a request to the Defendant to adjust the road usage fees on the basis of the above date and to revoke the disposition of the permission for occupation and use of the road after the issuance of the return agreement between the Plaintiff and Seoul Special Metropolitan City on June 15, 2017 on the ground that the agreement between the Plaintiff and the Plaintiff was concluded.
However, Article 33(2) of the Enforcement Rule of the Road Act provides that "where an application is filed for revocation of permission to occupy and use a road pursuant to Article 63(1)4 of the Act, an application for revocation of permission to occupy and use a road (including an electronic application) in attached Form 48 shall be submitted to the road management