beta
(영문) 서울행정법원 2015.01.08 2014구합58037

액화석유가스충전사업허가 신청 불허가처분 취소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 2, 2014, the Plaintiffs: (a) the Defendant on April 2, 2014; and (b) the Seoul Special Metropolitan City Gwanak-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Special Metropolitan City City City Special Metropolitan City City Special Metropolitan City 4,113 square meters (the original forest area was 4,140 square meters; and (c) forest land 27 square meters is divided

For the construction of the said land, Plaintiff B and E, F, G, H, I (hereinafter referred to as “Plaintiff B, etc.”) as co-owners of the said land from January 20, 2010 to February 8, 2010.

A) The Plaintiff filed an application for a license for a liquefied petroleum gas filling business (a container charging business fixed on a motor vehicle) to install a liquefied petroleum gas filling station (hereinafter “gas filling station”) on the ground of 3,095 square meters (hereinafter “the instant land”) among the 3,095 square meters of forest land, regardless of whether the said forest land includes 27 square meters of forest land.

(hereinafter referred to as the “instant application”). The instant land refers to the speeded lane, speeding lane, and the tetraferer (Article 2 subparag. 1 of the Regulations on Connections between Roads and other Roads (Ordinance No. 456 of the Ministry of Land, Transport and Maritime Affairs No. 456)) and the teferer “teferer” means the part of the rectangular-type roadway (Article 2 subparag. 2 of the Regulations on Connections between Roads and other Roads (Ordinance No. 456 of the Ministry of Land, Transport and Maritime Affairs No. 456)) which are installed in the sections where lanes are separated or in the sections where the lanes are connected to each other in order to smoothly induce changes in the lanes of motor vehicles running along the roads and other roads (Ordinance No. 456 of the Ministry of Land, Transport and Maritime Affairs No. 456))). The section was designed. The installation of the vehicle entry facilities in the said land is not possible under the current law.

4. Article 2(1) of the former Road Act (wholly amended by Act No. 12248; hereinafter “former Road Act”) and Article 2(1) of the Rules on Connection with other roads, etc. (Article 6 of the Ordinance of the Ministry of Land, Transport and Maritime Affairs; hereinafter “Road Connection Rules”) (hereinafter “instant Disposition 1”), based on two road conditions.