logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.10.31 2019구합154
도로점용불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On May 16, 2017, the Plaintiff completed the registration of transfer of ownership on the ground of sale with respect to 438 square meters in relation to Bri-Gun (hereinafter “Bri”) prior to 200 square meters.

B. On February 25, 2019, the Plaintiff filed an application for permission to connect a road to other facilities and permission to occupy and use a road zone with respect to the E89 square meters (hereinafter “instant application site”) in order to install access roads necessary for land cultivation in the national highways D (general national highways).

(hereinafter “instant application”). C.

On March 21, 2019, the Defendant rendered a disposition to refuse the instant application on the ground that the instant application was non-permission for occupancy and use of the road on the ground that: (a) the section for which the Plaintiff applied to the Plaintiff on March 21, 2019, where emergency stop charges, which are convenience facilities for stopping in time of emergency, are installed; and (b) the road parking spaces and other facilities are installed; and (c) it constitutes “the section for which the convenience facilities for residents, such as bus stops and side roads, are installed, and where it is impossible to move or install them, it constitutes “the section at which the

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1, 2, and the purport of the entire pleadings

2. Whether the disposition of this case is legitimate;

A. The Plaintiff asserted that the Plaintiff entered the farm road only in a year of a year by 5:30 o'clock at 5:30 o'clock at 5:00 a.m.., and there is no vehicle using the emergency parking zone as well as the vehicle for the time. Therefore, even if access roads connected to the national road D are installed in the instant application site, there is no risk of accident.

In addition, C’s land before subdivision was originally made available to freely enter the farm machinery, and it was difficult for the government to enter C’s land after subdivision by dividing E’s land from the above land to expand D’s national highways. Therefore, it would hinder the nation’s establishment of the farm house by using remaining farmland.

arrow