1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. The costs of appeal and the costs of appeal.

1. The reasoning for the court’s explanation concerning the instant case is as follows, except for adding the following judgments to the Plaintiff’s assertion raised in the trial room, and therefore, it is consistent with the reasoning of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article

2. On August 5, 2013, the Plaintiff: (a) deemed the Plaintiff’s actual area of road occupation and use was 70 square meters, despite having been 39.9 square meters; and (b) imposed a road occupation and use charge of KRW 7,477,20 (additional charge of KRW 5,656,00, KRW 1,255,60) with the period from January 1, 2013 to December 2013; (c) imposed a road occupation and use charge of KRW 565,60 with the amount of value-added tax of KRW 1,25,60; and (d) the Plaintiff fully paid the said occupation and use charge on August 27, 2013; and (e) the Plaintiff did not occupy and use the road; and (e) accordingly, the Plaintiff has the obligation to return the difference of KRW 70,970, KRW 379,70,000 with the actual area of KRW 390,7470/7,97

First, with respect to whether the portion exceeding 39.9 square meters among the occupation charges imposed by the Defendant by deeming the Plaintiff’s occupation area as 70 square meters and the occupation and use permission was granted for the said 73 square meters, and thereafter, the permission was granted for the change of the occupation and use of 70 square meters. The main text of Article 38(1) of the former Road Act (amended by Act No. 12248, Jan. 14, 2014) provides that “any person who intends to build, rebuild, alter, or remove any structure or other facility in a road area or occupy and use a road for any other purpose shall obtain permission from the management agency,” and Article 41(1) provides that “the management agency may collect occupation and use fees from a person who occupies and uses a road pursuant to Article 38.”