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(영문) 수원고등법원 2020.12.23 2020누11226
도로점용허가신청반려처분 취소
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 reasons for the acceptance of the judgment of the court of first instance are as follows, with the exception of adding the following 2. additional determination as to the assertion that the plaintiff emphasizes or added to this court, the grounds for the rejection of the judgment of the court of first instance are as Y. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(a) An additional determination; 2. Additional determination

A. The plaintiff's motion of this case is seeking permission to occupy and use road under Article 61 of the Road Act and does not seek connection permission under Article 52 of the Road Act. Thus, the defendant cannot return the motion of this case on the ground that it failed to meet the connecting permission standards.

(2) Article 8(1) of the instant Ordinance does not apply to the instant application, even if the instant application may be rejected on the ground that the Defendant failed to meet the standards for permission for connection, on the ground that the instant application falls under the urban planning stipulated in Article 5(1) of the Ordinance on the Connection of Roads and other Facilities (hereinafter “instant Ordinance”). Nevertheless, the instant disposition is unlawful since the instant application was rejected on the ground that the Defendant failed to meet the standards for connection permission under Article 52(3) of the Road Act, which was delegated by Article 52(3) of the Road Act, Article 8 subparag. 1 of the instant Ordinance, and Article 8 subparag. 5 of the Rules on Connection of Roads and other Facilities (hereinafter “Road Connection Regulations”).

(b) as shown in the attached Form of any additional statute;

C. The road occupation and use under Article 61(1) of the Road Act is a specific part of the road, separate from such general use, for the roads used for the general public’s traffic.

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