beta
(영문) 서울행정법원 2020.04.02 2019구합67425

석유판매업(주유소)조건부등록신청불가처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant, in accordance with Article 21 of the former Urban Planning Act (wholly amended by Act No. 5243, Jan. 28, 200), on the roads designated as a development-restricted zone of Gangdong-gu in 198, established the arrangement plan to place a gas station as stated in the table 1, and announced it to Gangdong-gu Public Notice No. 2 on March 10, 1998. The Defendant reserved the plan to place a gas station as a development-restricted zone of Gangdong-gu in Gangdong-gu in Seoul, Seoul, to make it known as Gangdong-gu Public Notice No. 1 CDE 2.4km at the end of the time at which the road for extending the section of the route name of the route name is located, 2 GH 1.6km-dong 1.6km-dong, 3 GJ K 3.4km-dong, 12km-dong, 3.4km-dong, 20 meters away from the road to be implemented after the completion of the construction work.

B. On August 30, 2017, the Defendant issued a notice of modification to the plan for the placement of gas stations within a development-restricted zone of Gangdong-gu (1) on August 30, 2017, “A public notice of modification to the plan for the placement of gas stations within a development-restricted zone” as indicated in Table 2 attached hereto. Article 2 (Abolition) of the Addenda of the above public notice is as follows: “A public notice shall be abolished simultaneously with the enforcement of this public notice; B shall be abolished”; Article 4 (Reservation of Implementation); and Article 3 [Attachment 1: Table 2] of the plan for the placement of gas stations under Article 3 [Attachment 2] of the main text of this public notice; V (the designation of a business operator on the north side shall be until April 2019; hereinafter the same shall apply) shall be determined by the separate public notice of the selection of each business operator in accordance with the separate public notice of the designation of the last occupancy in the Zwon-si.”

C. A public announcement of the abolishment of a plan for the placement of gas stations within a development-restricted area of Gangdong-gu in 2019 (1) to abolish “public announcement of the amendment of a plan for the placement of gas stations within a development-restricted area of Gangdong-gu in 2017” as shown in AA on April 24, 2019 (hereinafter “public notification of the abolishment of this case”) as follows:

and publicly notified.