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(영문) 부산고등법원 2016.04.29 2015누172
주유소운영사업자불선정처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 3, 2012, the Defendant revised and publicly announced a plan for the placement of gas stations in a development restriction zone so that two gas stations (one station on the left side and one right side) can be additionally installed between the C underground tea road located in Gangseo-gu Busan Metropolitan City and E (City boundary) located in Gangseo-gu, Busan Metropolitan City. On the same day, the Defendant issued a recruitment announcement to recruit gas stations operating operators (hereinafter “instant recruitment announcement”) with the following contents in accordance with the said alteration announcement.

(1) Qualification for application) A person who was residing in the area at the time of designation of the development restriction zone (as of December 29, 1971) and was living in the development restriction zone and owned (resident at the time of designation), and (2) a person living outside the development restriction zone for three years for living in the development restriction zone, including a person who was living outside the development restriction zone for attending the zone, and who

(t) Selection criteria;

(a) If the date of receipt is required to supplement the documents received due to lack of required documents (for the same date, and for the cases received by the first two days prior to the date of implementation of the plan, the same order), the date on which the documents are completed and the date on which the documents are received shall be the final order of receipt;

(b) spring.

A person who owns his own land shall take precedence over the land owned by another person, and a person who holds a higher ratio of his own land when combined with another person's land

(e).

If the applicant's qualification, location conditions, etc. are met in a specific area on the left-hand side or right-hand side, an examination shall be omitted. G. If the site location conditions are inappropriate under other Acts, such as the Gangseo-gu Busan Metropolitan City Plan for Placement of Gas Stations and the public notice of the requirements for registration of gas stations in the Gangseo-gu Development Restriction Zone, the site location conditions shall be

Matters not prescribed in the above standards shall be based on the criteria for the placement plan of gas stations in Gangseo-gu Busan Metropolitan Government development restriction zones, and shall be subject to the same conditions.

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