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(영문) 대전지방법원 2019.11.07 2018구합106578

액화석유가스 충전사업 조건부 허가 취소처분 취소

Text

1. The revocation of conditional permission granted by the Defendant to the Plaintiff on September 12, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation with the purpose of gas filling business, etc.

Details of permission B A CD Conditional Permission: Performance of the review of the relevant laws: One copy of the review of the relevant laws

B. On November 9, 2017, the Plaintiff obtained conditional permission for liquefied petroleum gas filling business from the Defendant with the following content:

(hereinafter “instant permission.” The Plaintiff is not adjacent to roads with a width of at least eight meters as prescribed by the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter “Liquefied Petroleum Gas Act”) in relation to the width of roads on the business plan submitted at the time of application for the charging business, but is abutting on roads on the ground of the width of roads (10 meters) on the public land register.

In this regard, among the conditional permission for the business plan submitted at the time of filing an application related to the Plaintiff's filling business, a plan to secure at least 8m of road width shall be submitted until June 1, 2018 and the main time shall be avoided.

C. On May 24, 2018, the Defendant sent to the Plaintiff a letter stating that “the submission of a plan to secure road width among conditional permitted matters for liquefied petroleum gas filling business” was as follows.

On September 12, 2018, the Defendant notified the Plaintiff that the said permission was revoked pursuant to Article 13(1) of the Liquefied Petroleum Gas Act on the ground that “the Plaintiff obtained the instant permission by fraud or other improper means.”

(hereinafter referred to as “instant disposition of revocation”). [Grounds for recognition] The entry in Gap’s Evidence Nos. 1, 2, 8 through 11, and Eul’s Evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The gist of the Plaintiff’s assertion (1) Since the F.S. F. 2,906 square meters adjoining to the instant permission site (hereinafter “instant road”) is ten meters in width on the public cadastral book, the above permitted area is not less than eight meters.