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(영문) 광주지방법원 2018.09.20 2018구합10088
도로점용허가거부처분 취소
Text

1. On December 11, 2017, the Defendant’s disposition of refusing to grant permission to occupy and use a road (road) against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is operating the instant hotel by owning the instant hotel (hereinafter “instant hotel”) on the Blue Mine-gu, Gwangju, 1,882 square meters of land and the C unmanned hotel on its ground.

In order to establish access roads to the side entrance of the hotel underground parking lot of this case, the Plaintiff applied for permission to occupy and use a road of 19.8 square meters (hereinafter “instant road”) in front of the said site, and was notified by the Defendant on August 10, 2017 (hereinafter “previous occupancy and use permission”).

B. After completing the construction of an access road according to the previous permission, the Plaintiff submitted an application for confirmation of completion to the Defendant on August 21, 2017. However, upon the Defendant’s request, the Plaintiff applied for revocation of permission to occupy and use the road on August 24, 2017. On the same day, the Defendant revoked the previous permission to occupy and use pursuant to Article 63(1)4 of the Road Act (amended by Act No. 15115, Nov. 28, 2017; hereinafter the same) and returned the application for confirmation of completion on August 25, 2017.

C. On December 11, 2017, the Plaintiff filed an application for permission to occupy and use the instant road again with the Defendant, and on the ground that, with respect to the application for permission to occupy and use the instant road, the Defendant notified the Plaintiff that the permission to occupy and use the road (road) was revoked under E (Article 63(1)4 of the Road Act) (Article 63(1) of the Road Act) with respect to the application for the permission to occupy and use the instant road, the Defendant returned the said application to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including provisional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant disposition does not exist.

B. The instant disposition was abused and abused discretion in light of the developments leading up to the instant disposition, the disadvantages suffered by the Plaintiff, and the details of the grounds for the disposition.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. The existence of the instant disposition 1.

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