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(영문) 대구지방법원 2015.02.04 2014구합22153
도(통행)로 개설거부처분 취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the owners of each land listed in the separate sheet No. 1 (hereinafter “instant land”), and the surrounding condition of the instant land is indicated in the separate sheet No. 2.

B. On April 11, 2014, the Plaintiffs and E (the husband of the Plaintiff) submitted a civil petition to the head of the Gu/U.S. Si stating that “A may enter the instant land, but there is no road available for entering the instant land, and thus, it is dangerous for the Defendants to freely pass the land (hereinafter “instant application”) on April 11, 201, because there is no road available for entering the instant land, and there is a danger in the course of the operation of vehicles and Trackers. ① The access road (referring to the access road adjacent to the access road and the passage adjacent to the adjacent residence) of the Gu-U.S. branch of the D Corporation (hereinafter “instant application”).

C. On May 15, 2014, the Defendant U.S. Mayor sent a reply to the Plaintiffs and E on May 15, 2014, stating that “in the case of access roads to old U.S. branch offices, the matters determined by the road zone determination and decision under the Road Act are difficult to install a new lane, and it is difficult to use the square with the old branch offices as it is highly likely to cause traffic safety accidents” (hereinafter “i reply”).

A civil petition meeting (No. 8)

A. According to Article 3-3 of the Enforcement Decree of the Building Act, a road width shall be installed at 6 meters if the length of a dead-end road is at least 35 meters. However, the said Act and subordinate statutes do not apply after the determination and public notice of a road zone ( March 7, 1998) under the Road Act (amended by Act No. 504, Apr. 30, 199). Moreover, the access road to the old-end branch is not deemed a dead-end road under the Building Act, and the access road is not subject to the Building Act as determined by the public notice of the Road Act.

B. The Gu branch office of the U.S. is requested to use the forum, and the F is the Gu branch office of the Korean Corporation.

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