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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
① After the third 20th 20th , “In addition, the Defendant notified the parties, etc. of certain matters 14 days prior to the holding of the public hearing in accordance with Article 38 of the Administrative Procedures Act in holding the public hearing of the above resident, and notified the Plaintiff of the fact that the public hearing should be held at least seven days prior to the holding of the public hearing. In this regard, the instant disposition is procedural error.”
(2) The 7th parallel 12 to 19th parallels are as follows:
“(1) In full view of the fact that Article 2 subparag. 4 of the Administrative Procedures Act, whether prior notice and hearing of opinions should be required prior notice prior to the instant disposition, provides that the parties to the Administrative Procedures Act directly become the parties to the disposition of the administrative agency, and Article 25(3) of the Road Act provides that where a road zone is determined or modified, a road zone is determined or modified and the drawings thereof are accessible to the general public, the instant disposition that modified the road zone is not a disposition subject to prior notice under Article 21(1) or a disposition subject to hearing of opinions under Article 22(3).
(See Supreme Court Decision 2007Du1767 Decided June 12, 2008) The same legal principle shall apply to the instant disposition of permission for execution of road construction (change) as the instant disposition.
Therefore, prior to the disposition of this case, prior notice and hearing of opinions are necessary for the plaintiffs.