1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On April 11, 2016, the Plaintiff filed an application with the Defendant for permission to change the form and quality of “Ma and E” (hereinafter “instant application site”) (land category answer, total area size 2,456 square meters; hereinafter “instant application site”) adjacent to B (hereinafter “C”) and designated as a development-restricted area, for the purpose of installing a liquefied petroleum gas filling station for automobiles (hereinafter “gas filling station”).

(hereinafter “instant application”). (b)

On April 22, 2016, the Defendant rejected the Plaintiff’s instant application for the following reasons.

(1) The application site of this case is located in C, and C, in principle, is not able to establish a plan for the placement of a charge station for the portion C in a development-restricted area due to the reasons of the limit (Road Management Office-7127) 1) in the case of a road established for the purpose of motorway, which is a road for the purpose of exclusive use, and the permission for the occupation and use of a charge station for the function and maintenance of the road. (3) The application site of this case cannot be established for the portion C in the development-restricted area of Korea (which is grounds for recognition) (the ground for recognition). A

each entry, the purport of the whole pleading

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion 1) C does not yet have been designated and publicly announced as a road under the Road Act, and thus is not subject to the Road Act. Moreover, the Defendant’s notice of the change of an implementation plan for an urban/Gun planning facility project that changed C from a general road to a motorway is contrary to the determination of C in the urban/Gun management plan as a general road and is thus null and void. Therefore, the Defendant’s disposition of this case was unlawful on the ground that C is unable to install a charging station connected to C on the premise that C is a motorway under the Road Act or is designated as a motorway in the future. (2) It is impossible to return the application for permission for a charging station solely on the ground that the establishment of a charging station plan