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(영문) 서울행정법원 2014.10.23 2014구합56581
여객자동차운송사업계획변경인가신청반려처분취소
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. The Plaintiff is a general taxi transport business entity licensed for passenger transport business by the head of Seoul Special Metropolitan City, and owns 108 taxi vehicles.

B. From May 1, 2008 to April 30, 2012, the Plaintiff used a parking building with a total floor area of 2,625.43 square meters located in Gangdong-gu Seoul Metropolitan Government 385-8, and used as a garage. On January 13, 2012, the Plaintiff obtained a land transaction permit for the use of 176-3 miscellaneous land located in the development-restricted zone from the Defendant as a material storage and parking lot for the use of 176-3 miscellaneous land and 177 square meters. On January 17, 2012, the Plaintiff purchased the said land in KRW 3,570,000,000.

C. On February 16, 2012, the Plaintiff: (a) registered as a general taxi parking lot operator; and (b) obtained permission from the Defendant to establish an off-road parking lot with respect to the parking lot of 1,600 square meters in the above land (hereinafter “instant parking lot”) in accordance with the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Special Measures Act”); and (c) obtained the permission for the installation of an off-road parking lot with respect to the parking lot of 57 square meters in the above land.

On May 15, 2012, the Defendant issued a disposition to revoke the permission for the installation of an off-road parking lot (hereinafter referred to as “disposition to revoke the permission for the establishment of the off-road parking lot”) on the ground that “the Plaintiff uses the instant parking lot for the purpose of the taxi driver’s notification under the Passenger Transport Service Act (hereinafter referred to as the “Transportation Service Act”). However, as the said disposition to revoke the permission for the establishment of the off-road parking lot becomes final and conclusive (Seoul High Court 2012Nu27390), the Defendant issued the permission for the establishment of the off-road parking lot against the Plaintiff again on February 14, 2014.

E. On February 24, 2014, the Plaintiff filed an application with the Defendant for authorization to change the passenger transport business plan (hereinafter “instant application”) with the content that the garage is transferred to 846m2 of the instant parking lot (hereinafter “instant land”).

The defendant on March 5, 2014, "the land of this case".

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