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(영문) 광주고등법원 2017.05.25 2016누4118
도로점용허가 불허가처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this case, such as the acceptance of the judgment of the court of first instance, are as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, in addition to the fact that the part of the second part of the judgment of the court of first instance (the reasons why the disposition was taken) is different from that of the judgment of the court of first instance, since the “road partition” in Chapter 5 is the same as that of the judgment

1. The details of the disposition, etc.

A. On February 2015, the Plaintiffs filed an application with the Defendant for permission to occupy and use a road of six-lanes located in the instant application site and its front part of the road (hereinafter “instant road”) for the purpose of directly connecting the Defendant with the entrance road of six-lanes located in the front of the instant application site and the road (hereinafter “instant road”) (hereinafter “instant application”).

B. The road of this case is a 4-lane or wider Gun road within the territory of the Gun in the territory of the Gun, where the Ordinance on Connection between the Gun and other roads (hereinafter “instant Ordinance”) is applicable to the roads of this case, which are the 6-lane-based routes of the road of this case.

(see Article 3 of the Ordinance of this case).

Based on the central division of roads, there are three-dimensional intersections coming from H district to the road of this case. On the front direction side of the road of the application site of this case, there is an intersection divided into Gwangju, Seocheon and Seo Youngamam. The application of this case is located at H district at the end of the speed of the speeding lane for entering the road of this case and at the end of the speeding speeding lane for entering the road of this case (the distance between the above end point and the point of time is about 210 meters, according to the plaintiff's assertion, about 18 meters when considering the defendant's argument), and the application of this case of this case includes 22 meters between the above end point and the point of time, and the speeding line of 60 meters between the speeding line for entering and the speeding line of 120 meters for entering the road of this case.

However, this plaintiffs' objection.

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