[석유판매업불허가처분취소][공1994.9.15.(976),2304]
If the industrial complex development project plan is only designated as a national industrial complex, and the division by use is not determined, the restriction on permission for petroleum selling business in the land shall be imposed.
The plan for industrial complex development project under the former Industrial Sites and Development Act (amended by Act No. 4574 of Aug. 5, 1993) is not specifically established, and the division by use under the provisions of Article 34 of the former Industrial Placement and Factory Construction Act (amended by Act No. 4720 of Jan. 7, 1994) is not decided, even if gas stations are permitted on the land on which the purpose of designation of industrial complex and the execution of industrial complex development project is not decided, it shall be deemed that there is no obstacle to the purpose of designation of industrial complex and the execution of industrial complex development project, and it shall not be deemed that it interferes with the purpose of designation of industrial complex and the execution of industrial complex development project, and it does not conflict with Article 14 (6) of the Enforcement Decree of the Industrial Factory Construction and Development Act.
Article 12(1) of the former Industrial Sites and Development Act (amended by Act No. 4574 of Aug. 5, 1993); Article 14(6) of the Enforcement Decree of the Industrial Sites and Development Act; Article 34 of the former Industrial Placement and Factory Construction Act (amended by Act No. 4720 of Jan. 7, 1994)
Plaintiff
Changwon Market Co., Ltd., Counsel for the defendant-appellant
Busan High Court Decision 92Gu5447 delivered on January 14, 1994
The appeal is dismissed. The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
According to the reasoning of the judgment below, the court below determined as follows: (a) land owned by the plaintiff (location 1, 2 omitted; (b) the industrial complex development project is designated as the State industrial complex on the Industrial Sites and Development Act (amended by Act No. 4574, Aug. 5, 1993; hereinafter referred to as the "Industrial Sites Act") and its specific use area under the Urban Planning Act is a green-belt area and industrial area; (b) the land in this case is determined as a site for creative and long-term planning under the Urban Planning Act; (c) on June 25, 1992, most of the land in this case were excluded from the planned planned site and its designated purpose is connected to the south of the planned industrial complex development project; (d) the land excluded from the planned plan road on the ground that it does not interfere with the execution of the industrial complex development project on the ground that it does not interfere with the remaining part of the planned site.
In light of the relevant laws and records, the above fact-finding and determination by the court below are acceptable, and there is no error of law by misunderstanding the legal principles of the Industrial Sites Act and the Industrial Placement Act or by misunderstanding the facts.
If the structure of the road is the same as the original adjudication, the risk of traffic accidents is significantly increased due to the vehicle entering the gas station, or there is no concern to hamper traffic flow. Therefore, the judgment below does not require a separate installation of the increased or decreased speed line for vehicles entering the gas station, and there is no error of law by misunderstanding the legal principles on road structure and facilities, such as the theory of lawsuit. All arguments are without merit.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Don-hee (Presiding Justice)