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(영문) 광주지방법원 2017.01.12 2015구합13642

개발제한구역내 주유소ㆍ가스충전소 설치 우선순위 대상자 선정 처분취소

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1. On December 15, 2015, the Defendant’s order of priority in installing gas charging stations in development restriction zones against the Defendant’s Intervenor.

Reasons

Details of the disposition

On August 21, 2014, the Defendant published a plan for the placement of gas and gas filling stations and standards for permission within development restriction zones where one gas and gas filling stations are located in the sections of 6.29km of national highways C (D Gwangju), and the main contents thereof are as follows:

Article 2 (Plan for Placement) The location map of gas and gas filling stations within development-restricted areas by route shall be attached to 1.

The criteria for the permission of gas stations and gas charging stations within development-restricted areas under Article 3 (Criteria for Permission) of Article 3 (Criteria for Permission) of the 2nd Happ-ro D. 6.291 Happ-ju (Happ-ju), at the end point of the f.291 Happ-ju at the end point of the f. C-line (D Gwangju), which is non-national highways for the extension of roads (place of km) in the direction of the route of the location of the road.

(1) Article 13 (1) [Attached Table 1] 5 (e) (10) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones shall apply only to cases where a resident at the time of designation of a development restriction zone is installed on the main road, such as national highways, local highways, etc.: Provided, That where a gas filling station in a downtown is relocated and installed, only the relevant project operator may be established, and the resident's standards shall be attached to 2 at the time of designation of a development restriction zone. The designation of a development restriction zone as at the time of

1. A person who resides in the development restriction zone from the time of designation;

1. An abstract of resident registration (it shall be marked with the history of address);

2. A person residing in the development restriction zone since the designation of the development restriction zone;

(a) A person who owns and resides in a development restriction zone as a house or land (Provided, That he/she shall be deemed to have resided in a development restriction zone only during the period of temporary stay outside of the development restriction zone for a period of three years or less due to his/her occupation