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(영문) 부산지방법원 2018.01.11 2017구합23644
도로폐지허가신청반려처분취소
Text

1. On November 7, 2017, the Defendant’s disposition of accepting an application for the abolition of a road against the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 15, 2017, the Plaintiffs filed an application with the Defendant for the disuse of a road pursuant to Articles 2 and 45(2) of the Building Act with respect to the road of 58.8 square meters (hereinafter “instant road”).

B. On September 20, 2017, the Defendant requested the Plaintiffs to supplement the road by October 20, 2017 pursuant to Article 22 of the Civil Petitions Treatment Act, on the ground that “In the event the road of this case is discontinued, the use of the openings and power facilities of the building of this case (hereinafter “the building of this case”) and the openings of the building of this case.”

C. The Defendant requested the Plaintiffs to supplement the Plaintiffs’ additional documents by November 3, 2017, without submitting the corrected documents within the above supplement period, and rejected the Plaintiffs’ application for road closure on November 7, 2017 pursuant to Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act, where the corrected documents have not been submitted despite the lapse of the above supplement period.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute; Gap evidence Nos. 9-12; Eul evidence No. 1-5; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The owner of the instant building asserted by the Plaintiffs does not constitute an interested party following the abolition of the instant road.

Nevertheless, the defendant's rejection of the plaintiffs' application to abolish the road on the ground that the defendant did not obtain the consent of the person who does not correspond to interested parties.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The meaning of an interested party under Article 45(2) of the Building Act refers to a road with a width of at least four meters for pedestrian and motor vehicle traffic (or a road with a structure and width prescribed by Presidential Decree, in the case of a road where geographically impossible passage of motor vehicles or where it has a dead end, and where it has a dead end, a road with a structure and width prescribed by Presidential Decree, and the Road Act.

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