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(영문) 대전지방법원 2018.07.05 2017구합107581
액화석유가스충전소불허처분 취소
Text

1. The Defendant, on November 29, 2017, installs a liquefied petroleum gas filling station within a development-restricted zone against the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 14, 2017, the Plaintiff applied for permission to engage in development activities for the installation of liquefied petroleum gas charging stations on the ground of Sejong Special Self-Governing City B (hereinafter “instant application site”) designated as a development-restricted zone.

(hereinafter “instant application”). (b)

On November 29, 2017, the Defendant rejected the Plaintiff’s application on the ground that “The Plaintiff’s application was rejected on the ground that the arrangement plan is formulated at intervals of 5 km for liquefied petroleum gas charging stations in a development-restricted zone and that the extension of main roads (C) in the development-restricted zone among the administrative districts in Korea is merely 1.8 km and thus it is inappropriate to establish a placement plan.”

(hereinafter “instant non-permission disposition”). [The grounds for recognition: Gap 1, 2, and Eul 4 (including additional numbers)]

2. Summary of the parties' arguments;

A. The provision that the distance between liquefied petroleum gas charging stations under Article 7 subparag. 2 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones cited by the Plaintiff on the ground that the establishment of a plan for placement is inappropriate shall not be less than 5 km applies to cases where there are not less than two liquefied petroleum gas charging stations in the relevant development restriction zone. Thus, the above provision does not apply to the development restriction zone where the place of application in this case where

In addition, since the defendant establishes a plan for the placement of liquefied petroleum gas charging stations in accordance with the above Enforcement Rule, it is not possible to deny the installation of liquefied petroleum gas filling stations within a development restriction zone only on the ground that the plan has not been established.

B. As long as a plan for the placement of liquefied petroleum gas filling stations is not established within a development-restricted zone where the application of this case is located, the defendant is not entitled to permit the application of this case and within the development-restricted zone.

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