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(영문) 대전고등법원 2018.10.25 2018누11447
도로점용허가신청 불허가처분 취소청구의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Details of the disposition;

A. On August 10, 2015, the Plaintiffs (i) filed an application for the first connection permission and non-permission. On August 10, 2015, with the head of the Seosan National Land Management Office, to the effect that “the area of D 160 square meters or less from August 1, 2015 to December 31, 2025, among the sections of 1 line of general national highways, occupies and uses the area of D 160 square meters or less from August 2015 to construct access roads to a single house” (hereinafter “the first application”). In the said application, the areas connected to 1 line of general national highways and the entrance and exit roads to be newly established are planned to be the point at which the intersection section of 1 line of general national highways ends, and it is difficult for the Defendant to connect the two lanes with the two lanes that are installed in order to smoothly induce changes in the passage of motor vehicles (Article 2 subparag. 1 of the Regulations on Connection between Roads and other facilities).

B) B. Around November 2015, the Plaintiffs again filed an application for the connection and non-permission (hereinafter “the second application”) with the head of the Seosan National Land Management Office and the head of the following drawings (hereinafter “the first drawings”) to supplement the plan to connect the passage by installing about 20 meters ame 20 meters at a place where the said E-section ends at the place where the said E-section ends, as in the following drawings (hereinafter “the first drawings”).

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