1. The instant lawsuit shall be dismissed.

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

Details of the disposition

The defendant is the road management agency of Daejeon Dong-gu B (hereinafter referred to as the "road of this case"), and the plaintiff owns a building on the ground of Daejeon Dong-gu, Daejeon.

On April 3, 2016, the Defendant installed the starting-in stand (on the center of the instant road safety facilities; hereinafter “instant facilities”) at the center of the road.

[Ground of] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 (including branch numbers), and the whole purport of the pleading of this case can be brought by a person who has a legal interest to seek revocation of the disposition, etc. (Article 12 of the Administrative Litigation Act). Thus, even if a third party is not the other party to the administrative disposition, if the legal interest protected by the administrative disposition is infringed due to the administrative disposition, the party shall be entitled to obtain judgment of its propriety by filing an administrative litigation seeking revocation or nullification of the disposition.

The legally protected interest in this context refers to a case where there are individual, direct, and specific interests protected by the relevant laws and regulations or by the relevant laws and regulations, and in case where the general, indirect, and abstract interests of the general public are generated as a result of the protection of public interests, it cannot be said that there are legally protected interests.

(See Supreme Court en banc Decision 2006Du330 Decided March 16, 2006, etc.). The purpose of the Road Act is to contribute to the construction of roads where citizens can use safely and conveniently, and the enhancement of public welfare by providing for matters regarding the formulation of road network plans, designation of road routes, standards for the implementation of road works, road facilities, management and preservation of roads, sharing of expenses and expenses (Article 1 of the Road Act). Accordingly, if deemed necessary to prevent traffic accidents, the starting-line guiding facilities, protective fences, shocking facilities, lighting facilities, etc.