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(영문) 인천지방법원 2015.01.22 2014구합1684

액화석유가스 충전사업 불허가처분 취소

Text

1. Of the instant lawsuit, the Defendant’s disposition of non-permission for the filling business of liquefied petroleum gas against the Plaintiff on May 7, 2014.

Reasons

1. Details of the disposition;

A. On February 26, 2010, the application for permission for a liquefied petroleum gas filling business filed by the Gyeong Energy Co., Ltd. (hereinafter “Gyeong Energy”) and the first and second non-permission disposition and administrative litigation process 1) the light energy is located in the Defendant on February 26, 2010, and two lots, outside the Yeonsu-gu Incheon Metropolitan City, and located in the development restriction zone (hereinafter “Gyeong Energy Project Site”).

(2) On March 5, 2010, the Defendant filed an application for permission to charge liquefied petroleum gas, and received the first non-permission disposition from the Defendant on the ground that the arrangement plan was not formulated. The light energy filed a lawsuit seeking the revocation of the said non-permission disposition and received a final and conclusive judgment in favor of the Defendant (Seoul District Court Decision 2010Guhap1570, Seoul High Court Decision 2010Nu3033, Supreme Court Decision 2011Du9768, Nov. 16, 201), and the Defendant again received a final and conclusive judgment in favor of the Defendant on the ground that the Plaintiff failed to secure the distance of the road passing through the Yeonsu-gu Incheon Metropolitan City development restriction zone, and that the light energy site again rejected the second non-permission disposition on the ground that it did not secure at least five kilometers of the distance of the road passing through the said development restriction zone. The light energy site received a final and conclusive judgment seeking the revocation of the said non-permission disposition by filing the second non-permission lawsuit.

(In Incheon District Court Decision 2012Guhap793, Seoul High Court Decision 2012Nu35674, Supreme Court Decision 2013Du10311, b).

(1) On February 19, 2013, the Plaintiff’s application for permission for the filling business of liquefied petroleum gas and its first non-permission disposition, and the administrative litigation process 1) The Plaintiff, located in the Defendant on February 19, 2013, is the Yeonsu-gu Incheon Metropolitan City and three lots

2) As to the application for permission for a liquefied petroleum gas filling business (hereinafter “instant application”).

(2) On February 22, 2013, the Defendant rendered the Plaintiff the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Enforcement Rule of the Act on Special Measures for Designation of Development Restriction Zones”).