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(영문) 서울고등법원(춘천) 2019.07.22 2018누1133
도로점용허가신청불가통보처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following “2. additional determination” with respect to the assertion that the plaintiff emphasizes or adds to this court, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

As in the judgment of the court of first instance, as in the judgment of the court of first instance, 124 square meters among two lots, including C road 1,930 square meters, shall be referred to as "the place where the case is filed".

2. Additional Judgment

A. The Plaintiff’s assertion 1) The construction of an access road to the instant site does not lead to a high risk of traffic accidents on the nearby road. ① The bend level of the road intersection to enter the instant site is unclear as to whether the instant application area affects traffic accidents. ② Since the speed limit is 60km per hour near the instant site, vehicles cannot drive at a rapid speed of at least 60km per hour around the time following the site where the application is filed. ③ Since the advertising board informing the gas filling station is installed at a point of 1 km and 2 km, there is a low risk of accidents by vehicles seeking to find and enter the gas filling station, and the possibility of occurrence of drilling accidents between the vehicle entering the gas filling station and the following vehicles is difficult, and the subsequent vehicle is to drive while maintaining the safety distance, and thus, it is difficult to deem that there is a higher degree of equity than that of the instant road installation standards, and thus, it is contrary to the Gangwon-do regulations on slope road structures and installation of the instant road, which are set forth in the said Gangwon-do Ordinance.

(b).

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