액화석유가스충전사업허가신청에대한불허가처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially accepted by the lower court, the lower court acknowledged the fact that the Plaintiff filed an application with the Defendant for permission for charging business with the size of 3,300 square meters (hereinafter “instant site”) out of 3,780 square meters of land in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant land”) located in the development restriction zone located in Hunne-ro, North Korea (hereinafter “instant land”); on September 27, 2012, the Defendant notified the Plaintiff of non-permission (hereinafter “instant disposition”) on the ground that the Plaintiff would have four grounds; among them, “the instant site, which has excellent clinical trees among the instant site for the instant application site, does not meet the detailed criteria set forth in attached Table 2 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Presidential Decree No. 24509, Apr. 22, 2013; hereinafter “Enforcement Decree of the Development Restriction Zone”).
In addition, the court below determined that the ground for the second disposition of this case is based on the provision of "the gradient, forest condition, etc. in the case of changing the form and quality of the land or cutting bamboo and trees" (hereinafter referred to as "the ground for second disposition of this case") under Article 22 [Attachment 2] of the Enforcement Decree of the Act on the Development Restriction Zones in light of the language of "the site which has good clinical trees among the application site", and on the premise that "the construction plan for the filling station of liquefied petroleum gas for automobiles in Seocho-gu Seoul Metropolitan Government publicly notified by the Seocho-gu Seoul Metropolitan Government Notice No. 2006-36 and the permission criteria" under Article 22 [Attachment 2] of the Enforcement Decree of the Development Restriction Zones Act.
According to Article 6 (1), the whole land of one parcel shall be based.