개발제한구역 행위허가(신축) 불허가 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 21, 2017, the Plaintiff filed an application with the Defendant for permission to newly construct dangerous substance storage facilities (the gas station; hereinafter “instant gas station”) on the B and one parcel (the land owned by the Plaintiff appears to be both the land owned by the Plaintiff; hereinafter “instant land”).
B. On July 6, 2017, the Defendant: (a) Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”); and (b) Article 13(1) [Attachment 1] [Attachment 5] of the Enforcement Decree of the same Act.
The head of a Si/Gun/Gu (hereinafter referred to as the "Mayor, etc.") pursuant to 10)
(C) A plan for the placement of gas stations, etc. within a development-restricted zone (C, June 8, 2016, hereinafter referred to as “instant placement plan”) may only be established on the main road at the time of the market, etc. or designation in accordance with the arrangement plan formulated by the Mayor, etc. or at the time of the designation.
3) The Plaintiff’s application for permission of the act was rejected on the ground that the Plaintiff’s application for permission of the act was no longer available (hereinafter “instant disposition”).
(ii) [The facts without dispute over the basis of recognition, entry of evidence Nos. 1 and 2, the purport of the whole pleadings;
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant placement plan is D where the land of this case is adjacent (attached Form)
1. In the drawings, roads connecting EF - G:
not included in the roads subject to the installation of gas stations.
However, even if a plan for the placement of gas stations on the instant road was not established, the Defendant should have determined whether to engage in an act by comparing and balancing the convenience of residents in a development restriction zone, the protection of residents’ rights at the time of designation of a development restriction zone, and the public interest purpose of protecting development restriction zones, but merely on the ground that there is no new gas station that may be placed in D under the instant placement plan.