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(영문) 서울행정법원 2014.07.10 2013구합24358

액화석유가스충전사업허가신청불허가처분취소

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 Seocho-gu Seoul Metropolitan Government 1,550 square meters and 1,041 square meters (hereinafter referred to as “each of the instant parcels”) are all owned D, and is designated as a development restriction zone under the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 11838, May 28, 2013; hereinafter referred to as “former Special Measures”).

B. On July 13, 2012, the Plaintiff obtained the consent to use each of the instant land from D, and on July 17, 2012, the Plaintiff filed an application with the Defendant for permission to charge liquefied petroleum gas, the trade name of which is “EB” (hereinafter “instant charging station”), the place of business, and the location of each of the instant land and each of the instant businesses as “automobile container charging business”.

C. On July 30, 2012, the Defendant rendered a disposition rejecting the application for permission on the following grounds (hereinafter “instant disposition”) against the Plaintiff (hereinafter “instant disposition”).

① Pursuant to Article 7 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 2 of the Addenda to the “F”, the interval between liquefied petroleum gas charging stations referred to in Article 7 subparagraph 2 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “the ground for disposition”) is not the area subject to the examination of permission (hereinafter “the ground for disposition”). < Amended by Presidential Decree No. 18202, Sep. 7, 2004>