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(영문) 대전지방법원 2016.11.03 2016구합101180
도로점용 및 연결(변경)허가 불허처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 16, 2007, the Plaintiff’s application for permission to occupy and use a road and connect (change) (1) on April 6, 2007, the Plaintiff omitted from the Simsan City B (hereinafter “Simsan City C” in the address indication”) on April 6, 2007 and “B” only.

2) Of the land in three lots, 712 square meters out of D forest land and three lots (hereinafter “instant land”).

(2) On the other hand, E operates a “G gas station” (hereinafter “instant gas station”) on the F land in the vicinity of the instant planned area, on the ground that development activities for building a site for neighborhood living facilities (retailing stores) and access road sites and Class I neighborhood living facilities (retail stores).

E In order to install a connection road to enter into the gas station of this case at H (hereinafter referred to as “H”) with the Defendant’s permission to occupy and use the road and the road connection permission.

별지1 “항공사진1”의 위쪽 동서(東西)간 도로가 H이고, ‘D임’으로 표시된 것이 이 사건 사업예정지 중 D 토지이다.

3) On July 16, 2007, the Plaintiff jointly uses the existing access roads installed in the oil station of this case for the purpose of installing an access roads directly connected to H from the land scheduled for the instant project as the access roads to the land planned for the instant project. In order to secure an additional access roads to the land planned for the instant project, the Plaintiff shall use the existing access roads in the oil station of this case as the access roads, and to secure an additional access roads to the land planned for the instant project, the road of 2,859 square meters out of the total area of 13,030 square meters and 11 square meters adjacent to the land planned for the instant project (hereinafter “road section”).

(B) An application for permission to occupy and use a road and an application for permission to connect a road, etc. with a parcel number (B) land category (2,906 - 121 Ix 318 25 625 Gab 627 Gab 1,916 290 - 294 50- 50 - 1,826 Dob 1,826 - 25 Nb 25 - 25 852 117 969 - 673 - 13 - 13 - 3 - 1214 - 1214 - 114 - 365 - 114 - 35 - 25 117 - 117 969 - 13 - 1214 - 114 - 114 - 364 - 1115 - 364 -

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