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(영문) 서울고등법원 2016.11.30 2016누52400
도로폐지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of the court of first instance is that of the court of first instance, except where some of the reasons of the judgment of the court of first instance is dismissed, and that of the court of first instance is added, and that of the same judgment as that of paragraph (2), it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

In the 5th parallel 19th parallel 19th parallel 19th "Nom. 2.5m" is about 0.9-2.5m and about 4.5m, most of which are about 2.5m to 2.6m in length and 72m in length.

6. The "O" of 5 pages shall be deleted.

6. The following shall be added to the “facts” of 9 pages:

【N from among the M land to the land of this case was used for the same purpose as dry field bank, entrance, etc. of the land of this case without being used as a road.

6) The following shall be added in front of “Plaintiff” in 6th page 15.

【The boundary of the instant road and F, etc. is unclear due to such packing, adding “Additional Parts of the relevant Acts and subordinate statutes” to the relevant Acts and subordinate statutes of 9 and 10 pages.

The main point of the Plaintiff’s assertion is that the passage of the vehicle from the instant land to the public road can be recognized by the owner of the neighboring land for some sections of which the width is narrow through the instant road, but it is impossible to do so through M and thus, the convenience of the use of the two roads differs inevitably. Therefore, the Plaintiff has a direct interest in the abolition of the instant road.

Judgment

As seen earlier, since the way of passage from the road to the land of this case lies through the road of this case and M or through the delivery abutting on the right side of the land of this case, even if the road of this case is abolished, the passage through the road of this case does not interfere with the passage through the road of this case. Accordingly, the passage through the road of this case is sufficient, and the road of this case is at least 0.9-2.5 meters from the road of street width, and is at least 2.75 meters from the road of this case as stipulated in Article 10(3) and (4) of the Rules

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