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(영문) 인천지방법원 2016.09.08 2015구합1803
도로점용허가부지 진출입로 재시공 통보처분 취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 14, 2015, Plaintiff A operated the F Licensed Real Estate Agent Office by leasing 39.65 square meters among the 252.9 square meters of the E-story building on the ground (hereinafter “instant building”) from Kimpo-si, Kimpo-si, Kimpo-si. Plaintiff B is operating “G” among the instant buildings by leasing 9 square meters from D on February 28, 2014.

B. C is the owner of a building adjacent to the instant building, and an application for permission to occupy and use the road for the purpose of installing a residential living facility building on the road of Kimpo-si, Kimpo-si (I) (the occupancy area of 217 square meters and the occupancy period from March 5, 2013 to December 31, 2022).

C. On March 5, 2013, the land for which C applied for permission to occupy and use a road is connected to a road in which the Korea Land and Housing Corporation is established (as stated in subparagraph 3-5 lines, J-do roads, and hereinafter “instant road”). As such, the Defendant issued the permission to occupy and use a road (hereinafter “instant permission”), adding the following conditions of permission and attention thereto, to C. A.

(2) If necessary for the safe and smooth flow of traffic pursuant to Article 70 of the Road Traffic Act, the person subject to permission shall implement the matters requested by the police station.

(C) The road occupation and use permit shall be executed under the responsibility of the person to whom the permit was granted, and shall be commenced within one year from the date on which the permit was obtained, and it may be revoked if the permit was not commenced. (4) The site subject to the permit to occupy and use the road is currently being constructed in the Korea Land and Housing Corporation, and the site subject to the permit to occupy and use the road shall be constructed after consultation with the person in charge of the construction of the Korea Land and Housing Corporation separately at the time of construction of the entry into

(6) The road management agency shall consult with the road management agency about the changes that occur during the road occupation work, and the road occupation work and the road occupation work.

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