개발행위불허가처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Details of the disposition;
A. On October 15, 2008, the Plaintiff, upon obtaining permission for a liquefied petroleum gas filling business from the Defendant, installed gas supply facilities on the ground of 2,109 square meters in total land B, C, and run a liquefied petroleum gas filling business under the trade name, “D filling station” (hereinafter “instant filling station”).
B. On March 2, 2015, the Plaintiff filed an application for permission for change of liquefied petroleum gas charging business with the content that the storage facility capacity of the instant charging station is enlarged by 20 tons of existing butane, 40 tons of protocol board 11kW 1, etc., and 7.5kW 1, etc.
However, on March 12, 2015, the Defendant demanded the Plaintiff to supplement “A copy of the public notice of permission for development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), a technical review by the Korea Gas Safety Corporation under Article 3(1)2 of the Enforcement Rule of the Safety Control and Business of Liquefied Petroleum Gas Act, a construction plan under Article 75 of the Road Act, detailed construction shop drawings, and a report on the review of Amnesty stability” by May 11, 2015.
Accordingly, after obtaining permission from the Defendant for development activities under the National Land Planning Act, the Plaintiff voluntarily withdrawn the application for permission on May 9, 2015 to apply for permission to change the liquefied petroleum gas charging business.
C. On June 23, 2015, the Plaintiff filed an application for permission for development activities to create a site and to construct a facility on the instant charging station (hereinafter “instant application site”) in order to add 40 tons of storage tank (2 storage tank, 11kW 1kW, 7.5kW 1, and 75 tons of water tank) to the storage facility (hereinafter “storage tank”) (hereinafter “instant application”). D.
In order to decide whether to grant permission for the instant application, the Defendant shall seek opinions from the relevant agencies, E Co., Ltd. (hereinafter referred to as “E”), and conduct fire-fighting-related activities, such as the Fire Services Installation Plan.