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(영문) 대전지방법원 2015.12.16 2015구합198
도로점용(연결)변경불허가처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

on February 11, 2003, U.S. obtained permission to occupy and use a road and connect to a private road (the private road of this case; hereinafter referred to as the "private road of this case") connected to a place of business located at KRW 281-11 of the Yong-si, in his official city, to install a new road connecting the 36 line of the general national road of this case (hereinafter referred to as the "former National Road 36 line"), which is the second line, from the Defendant, on February 11, 2003, the road of this case was used as an entrance and exit after installing an exclusive lane in the permitted section of this case (hereinafter referred to as the "permission to occupy and use the private road of this case"), and around that time, the road of this case was used as an entrance and exit.

On December 15, 2006, the Defendant: (a) designated and publicly announced the section from 20 Cheongyang-gun, Chungcheongnamyang-si, including the instant permitted section, as a road zone on December 15, 2006, under the Daejeon Regional Land Management Agency’s announcement No. 2006-158 for the road construction project (hereinafter “instant construction project”); (b) started the instant construction project on March 15, 2007 and is currently underway.

on April 23, 2009, the Sungyang Shipping Co., Ltd. (hereinafter referred to as the “Masungyang”) acquired the ownership of the said place of business from Masung Co., Ltd. and succeeded to the rights and obligations regarding the instant permission to occupy and use the road.

From 2010 to 2010, the Plaintiff had a place of business in the Yongsan-ri 274-1, which was promoted to 36 lines of the national highways through the instant private road and the permitted section.

On December 23, 2013, 2013, the Sungyang Society obtained a modified license extended from the Defendant to December 31, 2014, under the condition that “the instant permitted section is included in the instant construction section, and thus requires permission for the occupancy and use of a road and the modification thereof in line with the construction plan,” the period of the occupancy and use of the instant road is extended from January 1, 2014 to December 31, 2014.

hereinafter referred to as “previous Change.”

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