석유판매업(주유소) 등록신청 거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. In accordance with Article 21 of the former Urban Planning Act (wholly amended by Act No. 5243, Jan. 28, 2000), the Defendant formulated a plan for the placement of gas stations as follows (hereinafter “instant placement plan”) on the roads designated as development-restricted zones, and publicly announced it as Gangdong-gu Public Notice B on March 10, 1998.
In accordance with the instant arrangement plan, the Defendant permitted the petroleum selling business of M to the port side of C (from D to E stipulated in the instant arrangement plan; hereinafter referred to as “instant road”) in accordance with the instant arrangement plan, at the end point of 1 CDE 2.4km at the point of time at which the extension station location of the route name road is located. 1 CDE 2.4km, 2F G G H 1.6km East-dong side of 3.4km-dong, one north-west side of the 3.4km East-dong side of the 3.4km East-dong side of the 3.4km East-dong side of the instant road.
B. In order to install gas stations in Gangdong-gu Seoul N (hereinafter “instant land”) adjacent to the instant road, the Plaintiff filed an application for registration for petroleum retail business (gas station) with the Defendant around November 2015.
The Defendant rejected the Plaintiff’s application for registration on December 8, 2015, on the ground that “the instant road has already been placed one gas station prescribed in the instant placement plan, and exceeds the location of the gas station.”
C. The Plaintiff filed an administrative litigation seeking the revocation of the Defendant’s disposition of rejection on the ground that the instant disposition of rejection was terminated and abolished (Seoul Administrative Court 2015Guhap82310), and the said court rendered a ruling dismissing the Plaintiff’s claim on May 13, 2016 on the ground that the instant disposition of rejection was abolished or terminated, and the Plaintiff’s appeal and appeal were all dismissed (Seoul High Court 2016Nu46153, Supreme Court 2016Du53975, Jan. 13, 2017).
On July 18, 2017, the Plaintiff filed an application for registration with the Defendant to install a gas station on the land of the instant case.
As to this, the defendant is ① in this case.