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(영문) 대구지방법원 2015.06.17 2014구합21655
건축신고 반려처분 취소 청구
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 14, 2014, the Plaintiffs filed a construction report with the Defendant on March 14, 2014, to newly build a 1,283m2 in the site area, 75m2, and 75m2 on the ground surface with a total floor area of 1,283m2 in the instant application site, and filed an application for permission to occupy and use a part of the F land adjoining to the National Highway E (attached Form 1 drawing indication B, and the director’s “the instant application site”). In order to secure a warehouse’s access and exit, the Plaintiffs filed an application for permission to occupy and use a road and connect a part of the F land adjoining to the National Highway E (hereinafter “the instant application site”).

B. Ggs are crossings by the State-funded local highway I in the two-lanes of national highways E and G and H in the two-lanes of return to and from the 7-lanes of border latitude-gun and Daegu. Based on the vehicle stop line of the State-funded local highway I, the connection application of this case is located at approximately 26 meters away from the Daegu National Highway E, and is abutting on the change-speed lane installed at the intersection.

C. On April 3, 2014, after undergoing consultation with the Daegu National Land Management Office, the office of administration of national highways E, the Plaintiffs filed an application with the Plaintiffs on April 3, 2014, the Defendant rejected the Plaintiffs’ building report and the application for permission to occupy and use a road for the purpose of construction of warehouse facilities (connection) on the ground that the Plaintiff’s application constitutes an cross-section impact pursuant to Article 6 subparag. 3 of the Regulations on Connections with other roads (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 159, Dec. 29, 2014; hereinafter the same) and thus, it is impossible to grant permission to occupy and use a road for the purpose of construction of warehouse facilities (hereinafter “instant disposition”).

【Ground of recognition】 Evidence Nos. 1 through 6, Nos. 1 through 4 (including each number), images, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The road is to build a new building in the application site of the plaintiffs' assertion.

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