개발제한구역 행위허가(신축,주유소) 불허가처분취소
1. On April 29, 2016, the Defendant rendered a disposition of nonpermission to engage in a development restriction zone (new construction of a gas station) against the Plaintiff.
1. Details of the disposition;
A. On April 19, 2015, the Plaintiff filed an application with the Defendant for permission for development activities (new construction of gas stations) on the land B (hereinafter “instant land”) located within a development-restricted zone to the Defendant.
(hereinafter “instant application”). The instant land is adjacent to “E”, which is a route connected from Cdong to D in Si interest-si.
1) The installation of gas stations within development restriction zones is the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).
Article 12(1)1(e) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones”).
) Article 13(1) [Attachment 1](e) [Attachment 5](1) [Attachment 1] provides that a resident at the time of designation in accordance with a placement plan formulated by the head of a Si/Gun/Gu shall be limited to cases where a main road, such as a national road and local
2) A plan for the placement of gas stations within a development-restricted zone was publicly announced to establish the placement plan by route when the installation of gas stations is necessary due to a significant increase in the traffic volume after the date of public announcement of approval for use under the Road Act (No. 2007-77 of the public announcement at the City of Reconstruction). However, the permission for activities within the development-restricted zone (the installation of gas stations) for which a plan for the placement of gas stations has not been formulated because there is no significant increase in the traffic volume, etc. (hereinafter referred to as “reasons
(3) Permissions that do not follow a plan for placement may result in poor development of development restriction zones, and if permitted by the Plaintiff’s application of gas stations, the remaining residents at the time of designation of development restriction zones may be deprived of their right to apply, and roads adjoining the instant land as applied by the Plaintiff (E) are unregistered roads for approval of use, and new roads pursuant to the current large-scale housing site development project are gas stations due to significant increase in traffic volume due to construction progress.