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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 court's explanation concerning this case is as follows, except where the plaintiff's assertion of the first instance court is changed to "the defendant" and the judgment below is added to "the plaintiff's assertion of the second instance court".
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
[Additional Decision] The Plaintiff asserts that “the filling-up of a considerable portion of the passage route of this case and the installation of a L-type retaining wall is an inevitable and only method and within the necessary scope that the Plaintiff is able to use the passage of this case. The Plaintiff’s disadvantage that the Plaintiff would incur is much larger than the public interest that the Defendant would obtain by denying the Plaintiff’s application for permission to occupy and use of this case. However, as the first instance court explained, the Plaintiff’s application for permission to occupy and use including L-type retaining wall installation contravenes the main sentence of Article 13 of the Public Property and Commodity Management Act, and it cannot be deemed that it does not interfere with the use and use of public property prescribed in the proviso. In light of the purport of the above provision, it is difficult to view that the disadvantage that the Plaintiff would suffer due to the Plaintiff’s refusal of the application for permission to occupy and use this case exceeds the public interest that the Defendant would obtain by denying the Plaintiff’s application for permission to occupy and use this case. Therefore, the Plaintiff’s above ground for allegation is without merit.
2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.