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(영문) 수원지방법원 2017.02.07 2016구합63362

고압가스 및 액화석유가스 판매사업개시신고서 반려처분취소

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition and ruling;

A. On February 8, 2013, the Plaintiff completed the registration of ownership transfer of B, 403 square meters and C, 358 square meters (hereinafter collectively referred to as “instant land”). On June 7, 2013, the Plaintiff obtained permission to change development activities for the purpose of storing and constructing hazardous materials (e.g., liquefied gas and high-pressure gas storage) with respect to the instant land from Defendant C, and the said development activities were subject to the following conditions of permission.

[Other conditions] Pursuant to the provisions of Article 4 of the High-Pressure Gas Safety Control Act and Article 4 of the High-Pressure Gas Safety Control Act (No. 2011-173), the time for obtaining permission to sell high-pressure gas prior to the commencement of construction.

However, it is not permissible to grant permission if it is not in compliance with the standards for permission, such as where there is a protection facility within 24 meters from the outside of the container storage room at the time of permission for sales business, or there is an obstacle to the prevention of harm to the lives and property of citizens

19. A license for a liquefied petroleum gas sales business shall be granted prior to the commencement of construction pursuant to Article 4 of the Safety Control and Business of Liquefied Petroleum Gas Act and a chemical notification (No. 2011-173).

However, it is not permissible to grant permission if it is not in compliance with the standards for permission, such as where there is a protection facility within 24 meters from the outside of the container storage room at the time of permission for sales business, or there is an obstacle to the prevention of harm to the lives and property of citizens

B. On September 3, 2013, the Plaintiff filed an application for change of the use of a building with respect to the building report of Class II neighborhood living facilities related to the instant land to change the use of the building to a hazardous material storage and treatment facility on December 26, 2013, following a technical review by the Korea Gas Safety Corporation on the following details, and filed an application for change of the use of the building with respect to the building report of Class II neighborhood living facilities related to the instant land to a hazardous material storage and treatment facility

(hereinafter “instant building report”). Notification of conformity with the results of technical review of high-pressure gas general sales facilities

(b) follow-up measures;