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(영문) 광주지방법원 2020.10.29 2019구합14452
도로점용허가신청 불허가 처분 취소
Text

1. The Defendant’s disposition of non-permission to occupy and use the road granted to the Plaintiff on September 2, 2019 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff, on December 9, 2014, is the Defendant of the Jeonnam Masung-gun (hereinafter “Bri”) with the permission to occupy and use the existing road.

(2) On the ground of C, D, E total 1,745 square meters, Class II neighborhood living facilities (office) and detached houses (hereinafter “instant office”).

(2) On January 8, 2015, the Plaintiff filed an application for a building permit and permission for development activities to newly construct, and the Defendant filed an application for a building permit and permission for development activities with the Plaintiff on January 14, 2015. (2) The Plaintiff applied for a permit to occupy and use the road to occupy and use the instant office. On January 8, 2015, the Defendant issued a permit to occupy and use the road for 1,076 square meters out of G and seven parcels (hereinafter “instant occupation and use portion”) among the road zones of Gundo F (hereinafter “instant Gun”). The Defendant granted the Plaintiff the permit to occupy and use the road (hereinafter “existing occupation and use permit”) from January 8, 2015 to December 31, 2018.

B. On December 29, 2014, the Plaintiff filed an application for permission to change the existing road occupation and use a road with the Defendant on December 29, 2014 (i) 96,192 square meters (i.e., stone collection area: 78,472 square meters and 13,232 square meters and access road 4,488 square meters and hereinafter referred to as “instant project site”).

(1) On June 1, 2015, an application for permission to collect earth and stones was filed, and on June 1, 2015, an application for permission to change the occupation and use of a road was filed, adding the purpose of “influence due to the transportation of forest products” to the existing permission to occupy

(2) On June 11, 2015, the Defendant notified the Plaintiff of non-permission regarding the application for permission to change the existing road occupation and use permission (hereinafter “previous disposition”), and returned the application for permission to collect the above earth and use permission on January 21, 2016.

3) Although the Plaintiff filed an administrative litigation seeking the revocation of the previous disposition (Gwanju District Court 2015Guhap2352, the above court dismissed the Plaintiff’s claim, and the appellate court also dismissed the 11.69% of the part relating to the occupation and use of the instant Gun road among the instant Gun roads, and the Gun roads of this case’s central line.

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