logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.08 2017구합71650
건축허가취소처분 등 취소
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. On May 18, 2007, the Defendant announced a plan for the placement of gas stations and liquefied petroleum gas filling stations for automobiles in development restriction zones B, but revoked on May 31, 2007.

B. On March 27, 2009, with respect to the section of national highways C (DB: Liquefied petroleum gas charging stations for automobiles), the Defendant publicly announced a plan for the placement of gas stations and liquefied petroleum gas filling stations for automobiles in development restriction zones B, and designated as E business operators, who are residents of development restriction zones, on June 16, 2009.

C. On July 2, 2009, E had a total of 2,646 square meters of G and H’s return area located within a development-restricted zone adjacent to the said road section to the Defendant on July 2, 2009 (hereinafter “instant land”), and thereafter, on December 29, 201, each of the said parcels was converted into a gas station site after H was combined.

On the ground, an application for permission to construct a new liquefied petroleum gas filling station and an application for permission to occupy and use a road for access thereto.

On July 24, 2009, the Defendant revoked a disposition of no construction permission and the designation of a charging station business operator on the grounds that it is impossible to occupy and use the road in front of the charging station. However, E was dissatisfied with the above disposition of revocation and filed an administrative appeal, and the Gyeonggi-do Administrative Appeals Commission made an adjudication on February 25, 2010 on the revocation of the above disposition of revocation.

On the other hand, on March 18, 2010, E applied for permission to occupy and use a road by designing the section section for which the increase or decrease has been made to the head of Gangdong-gu Seoul Metropolitan Government and changing the location of the charging station to a certain size, but the head of Gangdong-gu Seoul Metropolitan Government Office rejected the above application on March 26, 2010, the head of Gangdong-gu Seoul Metropolitan Government Office filed an administrative litigation with the Suwon District Court seeking revocation of the disposition rejecting permission to occupy and use the road on August 12, 2010 and obtained the Plaintiff winning judgment (Uwon District Court 2009Guhap12427). The above judgment was finalized on May

(Seoul High Court 2010Nu28320). D.

After that, on June 8, 201, E obtained a construction permit for the new construction of liquefied petroleum gas filling stations from the Defendant on the ground of the instant land.

arrow