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(영문) 수원지방법원 2018.11.13 2018구합64062

액화석유가스 충전사업 허가취소 처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 27, 2009, the Defendant publicly announced a plan for the placement of gas stations and liquefied petroleum gas filling stations for automobiles in development restriction zones B with respect to the section of national highways C (D E) and liquefied petroleum gas filling stations for automobiles on March 27, 2009, and designated F as a business operator on June 16, 2009.

B. F filed an application with the Defendant for a construction permit or a liquefied petroleum gas filling business permit concerning the new construction of a liquefied petroleum gas filling station (hereinafter “instant filling station”) on the ground of a total of H and I return size on the ground located in a development-restricted zone adjacent to the said road section, which is located in the development-restricted zone adjacent to the said road section, on June 8, 201, the Defendant obtained the construction permit for the instant filling station (hereinafter “instant building permit”) from the Defendant on June 8, 201, and obtained a construction permit for the new construction of a liquefied petroleum gas filling station (hereinafter “instant building permit”) on June 15, 201. On December 9, 2011, F completed the new construction of the instant filling station and registered its business with the name “J” upon obtaining the approval for use.

C. The Plaintiff purchased the instant charging station from F on March 13, 2012 and completed the registration of ownership transfer on May 7, 2012.

On May 14, 2012, the Defendant accepted the Plaintiff’s report on the succession to the status of the business entity related to the instant charging station, and the Plaintiff operated the business with K’s trade name from around that time.

On November 20, 2015, the Plaintiff was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution (U.S. District Court 2015Gohap471) due to the facts constituting the instant business permission (attached Form 1), and the said judgment became final and conclusive on November 28, 2015.

On the other hand, on February 5, 2016, F was sentenced to imprisonment with prison labor for one year and two years of suspended execution due to the crime of obstruction of performance of official duties by deceptive means, etc. (U.S. District Court Decision 2015Gohap530, 449 (merged)) and around that time, part of F in the above judgment became final and conclusive.

E. The Defendant obtained the instant building permit against the Plaintiff on November 20, 2017 by fraud or other improper means.