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(영문) 서울행정법원 2014.04.17 2013구합20462
석유판매업등록신청에 대한 등록불가처분취소
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. 1) B is only the Gangseo-gu Seoul Metropolitan Government C (hereinafter “C”).

(2) On Apr. 8, 2008, the Plaintiff filed an application for registration of petroleum retail business (gas station) with the Defendant on Apr. 8, 2008, in order to install gas stations on the ground of the said D and E’s land (hereinafter “instant land”) located within a development-restricted zone, and completed the registration of ownership transfer on Jan. 2, 2006 with respect to the E-1,031 square meters. The Plaintiff filed an application with the Defendant on Apr. 8, 2008, in order to install gas stations on the ground of the said D and E’ (hereinafter “instant land”).

3) On April 14, 2008, the Defendant rejected the Plaintiff’s application on the ground that the plan for placement of gas stations within a development-restricted zone was not established (hereinafter “the first disposition”). The Plaintiff filed an administrative appeal against the Defendant seeking revocation of the first disposition. On July 21, 2008, the Seoul Administrative Appeals Commission did not individually decide whether to grant permission in conformity with the relevant statutes and regulations, such as the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Act”), and did not decide whether to grant permission on the ground that the plan for placement was not established. The rejection of the Plaintiff’s application is deviating from discretionary authority.

“The first disposition was revoked on the ground that the Defendant revoked the first disposition (hereinafter “the first disposition”). On August 12, 2008, the Defendant revoked the first disposition, and the Plaintiff’s application was to be processed and notified in accordance with the plan for placement that was being formulated. 6) On September 18, 2008, the Plaintiff filed a trial for performance of obligations with the Seoul Special Metropolitan City Administrative Appeals Commission on September 29, 2008, and withdrawn on September 29, 2008. The Plaintiff filed a trial for performance of obligations on October 1, 2008, but withdrawn on February 2, 2009.

B. The Defendant’s disposition 1) Article 12(1) of the Development Restriction Act on September 9, 2009, Article 13(1)5(e)10 of the Enforcement Decree of the same Act, and Article 13(1)5(e) of the same Act.

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