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(영문) 부산지방법원 2016.06.02 2015구합23145
도로점용불허가처분취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

Plaintiff

The Gangseo General Development Co., Ltd. is the owner of the share of 875/1,471 square meters in Gangseo-gu Busan Metropolitan Government B 1,471 square meters (hereinafter “instant site”), and the Plaintiff A is the owner of the share of 596/1,471 square meters in the instant site.

On May 18, 2015, the Plaintiffs filed an application with the Defendant for permission to occupy and use the part 8m width of the instant site from among the Busan Gangseo-gu C Road (hereinafter “instant land”) in front of the instant site to the effect that the Defendant would occupy and use the road from the 8th line main road to and from the road (hereinafter “instant application”).

On May 26, 2015, the Defendant rendered a disposition rejecting the instant application on the ground that the Plaintiffs could have access to a vehicle using the access route connected to the existing status on the main road, so it is unnecessary to use a separate access route, and that there is a difference between delivery and the current status of the main road and there is a difference between the safety risks of traffic accidents of the main road and the road when opening an additional access route adjacent to the existing access route, and there is a problem that pedestrians and bicycle users are at risk of safety accidents (hereinafter “instant disposition”).

[Grounds] The facts that there is no dispute, Gap evidence Nos. 1, 7, and 8, and the purport of the entire pleading purport of the instant disposition is legitimate. The driver of the main road abutting on the instant site must go through a narrow state road to a narrow state. The driver of the main road driving on the main road that is linked to the instant site is going to the right to turn to the left immediately after going to the right to turn to the right, and then proceed to the reverse direction. The driver of the main road driving on the opposite part of the main road is likely to cause an accident by mixing it with the vehicle that makes it impossible for the driver to walk to the said road with the driver of the main road to go to the right to turn to the right.

The purpose of the instant application is to drone the instant site.

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