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(영문) 대전고등법원 2018.11.01 2018누12037

액화석유가스충전소불허처분 취소

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 14, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the construction of a site for facilities in Sejong Special Self-Governing City (hereinafter “instant application site”) which constitutes a development-restricted zone B (hereinafter “instant application site”) with respect to the Defendant, for the development activities for the construction of a site for facilities

(hereinafter “instant application”). (b)

On November 29, 2017, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”).

The reason for the disposition is specified as follows:

Pursuant to Article 7 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the "Act on Special Measures for Designation and Management of Development Restriction Zones"), a charging station in a development restriction zone shall establish a placement plan at intervals of 5 km and install the main road on the main road. Of our administrative district, the extension of the main road (C) within the development restriction zone (hereinafter referred to as "the road in this case") among the roads in the development restriction zone is merely 1.8 km and thus it is inappropriate to establish a placement plan (based on recognition). There is no dispute over the establishment of a placement plan (including the main

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 7 subparag. 2 of the Enforcement Rule of the Development Restriction Zone Act that requires a distance of at least 5 km between charging stations in a development restriction zone applies to cases where there are at least two charging stations in the development restriction zone. However, the said provision does not apply to the instant application because the instant road is not yet installed. 2) The Defendant is obligated to establish a plan for charging stations taking into account the road traffic volume, convenience in using charging stations, etc. pursuant to Article 7 subparag. 1 of the Enforcement Rule of the Development Restriction Zone Act.

However, the traffic volume of the road of this case has increased significantly for the last ten years, there is no filling station in the road of this case, and there is no filling station in the vicinity of the road of this case.