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(영문) 수원지방법원 2016.06.14 2016구합569
주유소설치우선순위자결정처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) is a legal entity that operates the “D gas station” (hereinafter referred to as the “Plaintiff’s gas station”) in Masan-si, Ansan-si C.

B. On April 20, 2010, the Defendant formulated and publicly announced a plan for the placement of gas stations within development-restricted areas with the content of newly allocating one gas station to G from F in the direction of the orchard to G (hereinafter “road section”), a section within the jurisdiction of Ansan-si (hereinafter “instant road section”), which is a section within the jurisdiction of Ansan-si.

(hereinafter “instant placement plan”). C.

On December 9, 2015, the Defendant determined B, which applied for permission for the placement of gas stations, as the priority order in the installation of gas stations, to the aggregate of three parcels of land, such as Ansan-gu, Ha, Ansan-gu, the road section of the instant case (hereinafter “instant application site”).

(hereinafter “instant disposition”) D.

The Plaintiff’s gas station site is located far from the site of this case to the same direction as 5.32 km.

[Ground of recognition] The fact that there is no dispute, Gap evidence 4, Eul evidence 1, and the purport of whole pleading

2. Determination on the legitimacy of the instant lawsuit

A. The Defendant’s main defense against the Defendant’s main defense is no longer than 2 km away from the place of the instant application, and thus, it does not constitute a competitive business entity’s legal protection. The Defendant’s main defense against the Plaintiff’s main defense is merely a general and indirect interest in development restriction zones asserted by the remaining designated parties (hereinafter “designated parties”) other than the Plaintiff, and thus, the Plaintiff and the designated parties do not have standing to sue the instant disposition.

B. Even if the plaintiff's standing to sue is a third party who is not the other party to the 1 administrative disposition, if the interests protected by law are infringed by the pertinent administrative disposition, a revocation suit shall be instituted and the decision of its propriety shall be allowed.

2.3.2

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