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(영문) 서울고등법원 2017.03.07 2016누63882
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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 cited in this case is as follows, except where the plaintiff added the following judgments to the main argument at the appellate court, and thus, the reasoning of the judgment of the court of first instance cited in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. It is clear that the category of H land and I land at the Government-si of the gist of the Plaintiff’s assertion is a road, the category of which is currently being used as a road, and is designated as a road under relevant statutes.

Therefore, since road founders or owners cannot restrict or prohibit the passage of the general public, it is not necessary for the plaintiff to obtain approval from the owner.

(b) The definitions of terms used in this Act shall be as follows:

11. The term "road" means a road or a proposed road of at least four meters wide for pedestrian and motor vehicle traffic (or a road with a structure and width prescribed by Presidential Decree, in cases where geographical features make use by motor vehicle traffic impossible and it has a dead end), which falls under any of the following items:

A road for which a public announcement of new construction or alteration has been issued pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or any other relevant Act and subordinate statutes.

(b) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) designates and publicly announces the location of a road at the time a building permit or report is filed, the permitting authority shall obtain consent from interested parties on the road, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

Provided, That in any of the following cases, deliberation by the Building Committee shall be conducted without consent from interested parties:

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