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(영문) 인천지방법원 2015.11.19 2014구합3239
도로점용허가처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On December 4, 2014, the Defendant issued a permit to occupy and use a road for the purpose of opening a gas filling station (gas charging station) and opening it in seven parcels, including Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant permit to occupy and use a road”).

[Ground of recognition] Facts without dispute, Eul's entry of No. 1-4, purport of the whole pleadings

2. We examine whether the plaintiffs are standing to sue to seek revocation of permission to occupy and use the road of this case ex officio as to whether the lawsuit of this case is legitimate.

Even if a third party is not the direct counter-party to an administrative disposition, if the legal interest protected by the administrative disposition is infringed, he/she shall be entitled to obtain the decision of the legitimacy by filing an administrative litigation seeking the cancellation or invalidity confirmation of the

under law means a case where there are individual, direct and specific interests protected under the relevant laws and regulations, or the relevant laws and regulations.

I would like to say.

(See Supreme Court en banc Decision 2006Du330 Decided March 16, 2006) In light of the above legal principles, with respect to whether there are legal interests of the Plaintiffs, who are not the other party to the permission of this case, to seek revocation of the permission of this case, the Plaintiffs’ assertion can obtain permission of automobile charging station business if the permission of this case is revoked. The Plaintiffs and C are in the status of the applicant for the designation of a liquefied petroleum gas charging station in the same development restriction zone with C with the permission of this case, and they are only in the so-called light-called light-called light-wise relationship where the disposition of permission, etc. against one party in competition with the permission of a liquefied petroleum gas charging station business for automobiles is bound to result in the other party's non-permission, etc., and only the permission of this case

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