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(영문) 광주고등법원 2019.12.26 2018누6378
가스충전소설치대상자선정 부적합처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows. The plaintiffs' reasoning of the judgment of the court of first instance concerning this case is as follows, and it is identical to the part of the reasoning of the judgment of the court of first instance except for further determination under paragraph (2) of this Article, with the exception that the plaintiffs have repeatedly emphasized or have newly claimed matters. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act

(Other matters alleged by the plaintiffs in this Court are not significantly different from the contents alleged by the deceased A in the first instance court, and even if all of the evidence submitted to the first instance court and this court are examined, the judgment of the first instance court that rejected the deceased's assertion is justifiable). The plaintiff "the plaintiff" is all dismissed as "the deceased A".

2 The following shall be added at the end below the last sentence of the two-dimensional box:

In addition, in February 2018, an applicant other than the network A applied for the selection of a gas station installer with the consent of the same landowner, and the defendant made an application for the designation of the gas station installer with the permission of the same landowner, and the defendant disposes of the same land inappropriate on the grounds of "conformity with the detailed criteria for permission or report". Therefore, since the right to use the same land is overlapping, the public notice B of Gwangju Metropolitan City is deemed to be prior to the consent of the waiver of the right to use the land owner in order to prove the right to use the land under Article 5 (2) [Attachment 3] of the "Public Notice of Gwangju Metropolitan City's Plan of Placement of Gas Stations and Notification of Amendment to the Criteria for Permission" publicly notified by the public notice B of Gwangju Metropolitan City.

D. The deceased died on August 31, 2018 while the first instance trial was pending, and the plaintiff M, N,O, and P, who are his/her spouse, taken over the instant lawsuit at the trial as the heir of the plaintiff M, N, P. The deceased's heir. From the last 3rd one, "A Nos. 3, 5, 6 (including the branch number; hereinafter the same shall apply), and Eul's "Nos. 5, 8, 9, 9."

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