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(영문) 부산지방법원 2018.03.22 2017구합22269
도로점유허가거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 2016, the Plaintiff filed an application for a building permit with the captain head of the Gun with the content that the building area of 155.7 square meters on the ground of 260.3 square meters in Busan-gun, Busan-gun (hereinafter “instant site”) and the total floor area of 803.3 square meters in total (main purpose: multi-family housing, Class II neighborhood living facilities, and hereinafter “instant building”).

B. Regarding the application for the above building permit, the captain head of the Gun asked the Defendant on August 4, 2016 as to whether the direct entry into the road (road name is a national highway D and a four-lane road; hereinafter referred to as the “instant national road”) into the road site located in Busan-gun, Busan-gun, and asked the Defendant as to whether it is possible to occupy and use the road. On August 16, 2016, the Defendant responded to the following contents.

- The entry route of the multi-family house (100 households or less) into the section adjacent to the Central Private Road intersection is required to be installed at the speed of 40 meters and speed of 80 meters in accordance with the Regulations on Connections between Roads and other Facilities, but the part on which the speed of the speed of the lane is installed overlaps with the speed of the intersection, so it is impossible to install the speed of the speed of the lane, and it is possible to enter the zone by using the speed of the project site, so it is judged that the direct entry into the national highway is not possible.

C. Since then, the plaintiff supplemented the above application for a building permit and applied for a building permit (revision) to the captain head of the Gun by using side roads of the building site of this case. On August 26, 2016, the defendant sent to the captain head of the Gun with respect to the question of whether it is possible to occupy and use the road of this case as follows - this case was sent to the captain head of the Gun with repair-4366 ( August 16, 2016). If the head of the Gun did not directly enter the project site as a national highway as a plan to enter the side roads of the project site, it is not necessary to obtain the permit to occupy and use and connect the road of this case to our office. Provided, That the former road site B of the project site of this case is the legal section that forms national road D

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