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(영문) 광주고등법원 2017.09.28 2016누5234
도로점용변경불허가처분취소
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. Details of the disposition;

A. On September 22, 2014, the Plaintiff filed a temporary use report with the Defendant, on September 2, 2014, on the installation and work of drilling facilities for the assessment of economic feasibility with respect to the 5,437 square meters in Jeonnam-gun, Masan-ri, 128, Mari-ri, 131, and Mari-ri 132, and the Defendant accepted the Plaintiff’s temporary use report on October 1, 2014.

B. On December 9, 2014, the Plaintiff filed an application with the Defendant for permission for construction and for permission for development to newly construct an office and a house (hereinafter “instant office”) on the ground of the total of 681, 682, 684, 1,745m2, all of which are located in Jeonnam-gun, the Plaintiff filed an application with the Defendant for permission for construction.

C. On December 29, 2014, the Plaintiff filed an application with the Defendant for permission to collect earth and rocks on the land of 96,192 square meters (i.e., 78,472 square meters in stone collection area and 13,232 square meters in a buffer zone of 78,472 square meters, hereinafter “instant project site”). D.

On January 8, 2015, the Defendant, among the road zones of the Gun Do 6 line (hereinafter “instant Gun Do”), granted the Plaintiff permission to occupy and use the instant road for the purpose of occupation and use of 1,076 square meters out of 688-1 and 7 lots (hereinafter “the occupation and use portion of the instant road”), from January 8, 2015 to December 31, 2018 (hereinafter “existing occupancy and use permission”).

E. On January 14, 2015, the Defendant rendered a construction permit and permission for development to newly construct the instant office to the Plaintiff.

F. On June 1, 2015, the Plaintiff filed an application with the Defendant for permission to change the occupancy and use of a road (hereinafter “instant application”) stating that “the entry route following the transportation of forest products” was added to the existing occupancy and use purpose of permission (hereinafter “the instant application”).

G. On June 11, 2015, the Defendant notified the Plaintiff of non-permission regarding the instant application (hereinafter “instant disposition”) for the following reasons. A.

Part of the application for permission to change the occupation and use shall be given.

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