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(영문) 춘천지방법원 2016.06.24 2015구합5311
도로점용불허가처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, at the time of around April 2009, filed an application for permission to occupy and use a road with the Defendant to construct neighborhood living facilities (gas stations and resting places) on the above land as the owner of Gangwon-do, Gangwon-do, 262 square meters, D previous 1,659 square meters, E large 245 square meters.

B. B obtained permission from the head of the Hongcheon National Land Management Office to occupy and use a road in the process, and submitted a “written consent for joint use” to the effect that B, at the time of ownership, shall jointly use the permitted site for entry into and exit from the instant land as the site for entry into and exit into the instant land, which is the Plaintiff-owned land, and that B, at the time of ownership, shall not impose any restriction on the said site; and the “written consent for land use” to the effect that B, at the time of ownership, consents to the use of the area equivalent to four meters of road width, out of the size of 96 square meters, E-245 square meters, and 1,084 square meters prior to H, as the entrance into and exit from the instant land.

(hereinafter “this case’s joint use agreement and land use approval”)

Accordingly, on June 3, 2009, the Defendant: (a) granted permission to occupy and use a road zone (road site) with a condition attached, such as “the person who has obtained permission to occupy and use the road zone may not restrict the passage of the general public or infringe or restrict the private rights of neighboring land owners; and (b) if there are parts to be jointly used in relation to the new occupation and use and connection permission in the vicinity, a joint use shall be made. If a joint use is refused without any special reason, or if there is a dispute with interested parties, necessary measures such as compulsory conciliation at the office, cancellation of permission, suspension of validity, etc. shall be taken; and (c)

In order to construct Class II neighborhood living facilities (cafeteria and detached houses) on the instant land, the Plaintiff filed an application with the Defendant for permission to occupy and use the road for the portion of the ship (C) connected in order of each point in the attached Form 3 drawings around September 201.

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