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(영문) 서울행정법원 2014.06.13 2013구합21700
액화석유가스충전사업허가신청에대한불허가처분취소
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 11, 2006, the Defendant publicly announced the Seocho-gu Seoul Metropolitan Government Ordinance No. 2006-36 of the Seocho-gu Seoul Metropolitan Government Ordinance on the Plan for and Criteria for Permission for the Disposition of Liquefied Petroleum Gas Filling Station for Motor Vehicles in Development Restriction Zones (hereinafter “instant public notice”), and the plan for the placement of liquefied petroleum gas filling station as stipulated in Article 2(1) [Attachment Table 1] are as follows:

4.82km south-ro 4.82km-ro 4.82km-ro 30km-dong 298-2, 4.82km-ro 2, 4.82km-dong 272-784 13rd-ro, 1.85km-dong 272-1, 4.82km-ro 272-1, 50km-dong 624-7, 356-91, 13rd-ro, south-do.

B. On September 17, 2012, the Plaintiff filed an application for permission for the charging station business (hereinafter “instant charging station”) with a size of 3,300 square meters, out of 3,780 square meters in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant land”) affiliated with the development restriction zone on the north-do, Hun-ro (hereinafter “instant land”). On September 27, 2012, the Plaintiff received notification of nonpermission from the Defendant on the following grounds:

(2) Article 4(1)3 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant disposition”). The application site is an area where a sudden change in the surrounding environment is anticipated, such as a valley, Bogeumjari Housing, a private road between YYYYY, and a dedicated road to the Gangnam Circulation Highway (hereinafter “the ground for disposition 1”), and is inappropriate under Article 4(1)3 of the same Act, as it does not conform to the detailed criteria under attached Table 2 of the Enforcement Decree of the “Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones” (hereinafter “the ground for disposition 2”). The interval between liquefied petroleum gas charging stations under subparagraph 2 of Article 7 of the Enforcement Rule of the “Enforcement Rule of the Act on Special Measures for Designation and Management of Development Restriction Zones” is not appropriate as a project site (hereinafter “the ground for disposition 2”). The application site is currently subject to a distance restriction of at least 5 km away from the present

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