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(영문) 수원지방법원 2015.08.11 2014구합55527
사용허가 거부처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff A and B are owners of not less than 600m2 in Seongdong-gu, Sungnam-si, and the Plaintiff Yangyang Co., Ltd. are owners of not less than 54m2 adjacent to the said land.

(B) The above two parcels of land (hereinafter referred to as “each of the instant parcels of land”).

On February 2, 2014, the Plaintiffs filed an application with the Defendant for permission to use 34 square meters in a road for the passage of the Plaintiffs, among 149 square meters in Sungnam-si, Sungnam-si, the administrative property under Article 5(2) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), for the following reasons: (a) on March 24, 2014, the Defendant refused the said application on March 24, 2014.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that each of the lands in this case is not related to their meritorious services and thus the right to passage over surrounding land should be recognized. The defendant, prior to the example, permitted the plaintiff corporation to use the land in Seongdong-gu G located in Sungnam-si, the same administrative property as the land in question and its use as the traffic roads. Thus, the defendant's rejection of the plaintiffs' permission to use the land in question is against equity and thus the disposition in this case should be revoked.

B. 1) According to the Public Property Act, the term “public property” means property owned by a local government pursuant to a local government’s burden, contribution acceptance, or statute (Article 2 subparag. 1). Pursuant to its intended purpose, public property is divided into administrative property, such as public property, public property, property for enterprise use, and property for preservation, and all public property other than administrative property (Article 5, in principle, loan, sale, exchange, transfer, and trust in the case of administrative property).

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