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(영문) 수원지방법원 2015.10.22 2014구합56742
액화석유가스충전사업허가처분 무효 확인
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 the owner of land of 2,514 square meters in land (hereinafter “Plaintiff’s land”) located adjacent to the east of the business place of the following B:

B. On March 18, 2010, B obtained permission for the liquefied petroleum gas filling business (hereinafter “instant disposition”) with the storage capacity of 30t (15t x 2) from the Defendant (hereinafter “instant place of business”) and with the content of operating the motor vehicle container charging business with the capacity of storage capacity of 30t (15t x 2). On June 18, 2010, B operated the liquefied petroleum gas filling station by obtaining permission for the alteration of the storage capacity of 40t (20t x 2).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not meet the legal requirements, such as violation of Article 10(1)1 and attached Table 3 of the former Enforcement Rule of the Safety Control and Business of Liquefied Petroleum Gas Act (amended by Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012; hereinafter “former Enforcement Rule of the Liquefied Petroleum Gas Act”) and thus, the instant disposition is void a year.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to Article 10(1)1 and attached Table 3 of the former Enforcement Rule of the Liquefied Petroleum Gas Act, a storage facility, among liquefied petroleum gas charging facilities, shall be at least 20 tons of storage capacity installed underground, the distance from the boundary of the place of business shall be at least 18.9 meters, and the charging facility, among liquefied petroleum gas charging facilities, shall maintain at least 24 meters of the outer surface to the boundary of the place of business, and the tank mot charging facility fixed on a motor vehicle shall maintain at least 24 meters from the center of the stopping location on the ground to the boundary of the place

We examine whether the business of this case complies with the distance under the above provision.

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