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(영문) 광주지방법원 2014.06.26 2013구합10700
도로점용(연결)허가 거부처분 취소청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who has obtained a building permit for the new construction of a detached house on the ground of the Hamyeong-gun B (hereinafter referred to as the “new construction site of this case”).

B. On June 14, 2013, the Plaintiff filed an application with the Defendant for permission to occupy and use a new site, including a part of the attached sheet indicating that the road adjoining the said new site (hereinafter referred to as “instant road”) is a side road in order to construct an access road (hereinafter referred to as “the instant access road”) directly connected to the 23 lines of national highways from the instant new site (hereinafter referred to as “the instant new site”) and the corresponding sheet indicating that the said new site and the current status of a certain area necessary for the connection of the national highways 23 lines, the Plaintiff filed an application for permission to occupy and use the said new site (hereinafter referred to as “instant application”).

C. On July 5, 2013, the Defendant rendered a disposition rejecting the instant application against the Plaintiff on the following grounds (hereinafter “instant disposition”).

[Grounds for Disposition of this case]

1. The term “road” means the road in this case between the main line of the road and the newly built site of a detached house. Since the building site of a new house constitutes a prohibited section of road connection with other roads pursuant to Article 6 subparag. 7 of the Regulations on Connections with Road when the main line of the road and the new site of a detached house are built directly from the new site of a detached house, permission for road occupation (connection) is an indefinite point;

2. On the other hand, as a road to connect existing villages or to be used as a farm road for farming purposes by separating the main line from the main line, it is known that it is impossible to install a direct access road on the main line because it is aimed at preventing any malfunction in the function of the main line, danger of traffic accidents, etc.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3.

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