Plaintiff 1 and five others (Law Firm Shin, Attorneys Kim-nam, Counsel for the plaintiff-appellant)

The head of Seocho-gu Seoul Metropolitan Government (Law Firm Hanmun, Attorneys Kim Jong-ho et al., Counsel for the defendant-appellant

The Love Association of Korea Egyptians (Law Firm LLC et al., Counsel for the defendant-appellant)

April 10, 2014

Seoul Administrative Court Decision 2012Guhap28797 decided July 9, 2013

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

(1) The decision of the first instance court is revoked. (1) The defendant around April 9, 2010 confirmed that the disposition of permission to occupy and use the road against the Intervenor (hereinafter referred to as the “ Intervenor”) against the Intervenor on April 9, 2010 is invalid. In addition, the Defendant’s disposition of permission to occupy and use the road against the Intervenor on April 9, 2010 is revoked. (2) The Defendant’s disposition of permission to use and use the road against the Intervenor on June 17, 2010 is revoked. (3) The Defendant, including Nonparty 1 and Nonparty 2, in relation to the disposition of permission to occupy and use the road mentioned in the above paragraph (1).

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as stated in the reasoning of the first instance judgment except for adding or adding some of the written judgments in the first instance court as set forth in paragraph (2) below. Thus, this Court’s reasoning is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

가. 제3면 아래에서 제6행의 “Ⅱ구역의 개발사업시행자로 하여금”을 삭제하고, 같은 면 아래에서 제3행의 “‘참나리길’이라 한다)”부터 아래에서 제2행의 “확장하도록 하였다”까지의 부분을 “’참나리길‘이라 한다)의 서쪽 폭 4m의 사유지 659.20㎡(≒ 폭 4m × 길이 165m)를 확보하여 참나리길의 폭을 12m로 확장할 것을 결정하였다”로 고쳐 쓴다.

(b) Part 5 of Part 5, “Written Elimination of Sea” was submitted to “Woyang (Woyang) Amendment and Woyang Declaration,” and the part 6 to 7 of the said part of the said part is used to read “the 4m portion is purchased, and the 4m portion is donated,” “the 4m portion is secured,” and then the 3m portion “ underground 13m” in the said part is added to “the 13m above ground level.”

(c) by inserting Chapter 7, Chapter 4, [based grounds for recognition], the phrase “A evidence 6, Eul evidence 7-3” is added.

(d)in the front of this Court’s letter Nos. 21 and 10, the phrase “B or 16(including paper numbers) to 17” shall be added.

3. Conclusion

Therefore, the plaintiffs' lawsuit of this case is dismissed in its entirety, and the judgment of the court of first instance is just in its conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.

Judges Lee Jong-soo (Presiding Judge)