공사계획신고 불가처분 취소 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 15, 2017, the Plaintiff, a corporation operating gas facility construction business, etc., reported a construction plan to the Defendant in order to construct urban gas supply pipes to the single house of 10 households located in Pyeongtaek-si Seoul Special Metropolitan City located in 2-81, Pyeongtaek-si. However, on June 13, 2017, the Defendant issued a provisional disposition to the Plaintiff for failure to report the construction plan (hereinafter “instant disposition”) on the ground that the Plaintiff was not the entity capable of constructing gas supply facilities:
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, the purport of the whole pleadings
2. According to Article 11(3) of the Urban Gas Business Act and other Acts, where gas supply facilities are installed or altered at the expense of a person using urban gas under the Housing Act and other Acts, a person who constructs such gas supply facilities on behalf of an urban gas business operator may report construction plans on behalf of the urban gas business operator. Since there is no provision that only the urban gas business operator may install gas supply facilities, the Plaintiff falls under a person who intends to install gas supply facilities at the expense of a person who uses urban gas at the 10 household of "single-house" under Article 2(2) of the Housing Act (the owner
Therefore, the defendant's disposition of this case issued by the plaintiff on the ground that the plaintiff is not a subject to construction of gas supply facilities should be revoked in an unlawful manner.
3. To make entries in the attached statutes concerned;
4. Determination of legality of a disposition
(a) Where an urban gas business operator intends to install or alter gas supply facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he/she shall meet all requirements, such as facilities, technical standards, human resources standards, etc., as prescribed by Ordinance of the Ministry of Trade, Industry and Energy;