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(영문) 의정부지방법원 2014.09.30 2013구합16789
도로점용허가 거부처분 취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around July 2012, the Plaintiff filed an application with the Defendant for permission to occupy and use the instant land and five parcels (hereinafter referred to as “instant road”) other than the land and five parcels (hereinafter referred to as “the instant application site”) located in the area of the gas station and local highway No. 358 for the purpose of using the gas station (hereinafter “instant gas station”) to be established and operated on the land, etc. 7-5 and located in the area of the Sin-ri, Chungcheongnam-si, Busan (hereinafter referred to as “Yepo-si, Chungcheongnam-si”) in the area of the Sin-si (hereinafter referred to as “the instant application site”).

B. On July 11, 2012, the Defendant rendered a disposition rejecting the said application on the ground that “The instant application is within the influence of cross-road as stipulated by Article 6 subparag. 3 of the Ordinance on Connection with Local Roads and other Roads, etc. (hereinafter “instant Ordinance”).”

(hereinafter referred to as “instant disposition”). (c) The instant disposition

Therefore, the Plaintiff filed a request for examination of the instant disposition against the Board of Audit and Inspection. However, on September 2, 2013, the Board of Audit and Inspection dismissed the said request for examination on the ground that “The influence of the instant intersection reaches the front part of the entrance route of the gas station in the instant case, and the Anti-Corruption and Civil Rights Commission also held on October 10, 201 that the entry route of the instant gas station is within the scope of the influence of the traffic connecting intersection and that the additional 60 meters from the point is included in the distance of the restriction on the installation of the transmission lane.”

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 3-1, the purport of whole pleadings]

2. Whether the instant disposition is lawful

A. The vicinity of the Plaintiff’s assertion is not an intersection, but merely an intersection where two roads are combined, and if it is a three-dimensional intersection, the connection will be the intersection.

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