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(영문) 춘천지방법원강릉지원 2015.08.27 2015구합111
거부처분취소
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. The Plaintiff is the owner of the forest and field B in Gangseo-si, and there is a building “D Dowon” on the ground near the forest and field C (hereinafter “instant building”).

B. On October 29, 1991, the Defendant permitted E, the operator of the said Dogwon, to open a private road (private road) with a length of 920 meters and a width of 3 meters, including 242 square meters of the above B forest land (hereinafter “instant land”).

After that, E transferred the instant building to F around 2002, and G acquired the ownership of the said building through a voluntary auction procedure on June 2009.

C. However, on September 2010, H, a Dogwon, was found guilty of a fine of KRW 2 million on the ground that the act was deemed a violation of the Mountainous Districts Management Act and was thus convicted of a fine of KRW 2 million.

On September 25, 2014, the Plaintiff filed an application with the Defendant for the cancellation of the permission to open a private road on the grounds that E obtained the permission by false or other unlawful means, such as the Plaintiff’s written consent to use the instant land and a certificate of personal seal impression, and that E did not approve the use of the instant land, E and G as well as G, and that the length or width of the private road illegally increased or remodeled.

On October 8, 2014, the Defendant rendered a disposition to the effect that illegal forest damage is irrelevant to the permission to open the private road of this case, and that it does not fall under Article 13 (Revocation of Permission) of the Private Road Act (hereinafter “instant disposition”).

E. Accordingly, the Plaintiff filed an administrative appeal on October 30, 2014, and the Gangwon-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 19, 2015.

【Ground for Recognition】 The entry of Evidence A, Evidence Nos. 1, 2, 3, 5, and Evidence Nos. 1, 5, and 1.

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