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(영문) 광주지방법원 2017.01.12 2016구합10077
개발제한구역내 주유소 ㆍ 가스충전소 설치대상자 부적합 처분취소 재결취소
Text

1. On October 29, 2015, the Defendant is a gas station, etc. within a development restriction zone between Nonparty C, D and the head of the Dong/Dong Gwangju Metropolitan City.

Reasons

1. Details of ruling;

A. On August 21, 2014, the head of the Dong-gu Gwangju Metropolitan City (hereinafter referred to as the "Dong-gu") published a plan for the placement of gas and gas charging stations and standards for permission within development restriction zones where one gas and gas filling stations are allocated at the section of 6.29 km of national highways E (F) (hereinafter referred to as the "Dong-gu") and the main contents are as follows:

Article 2 (Plan for Placement) The location map of gas and gas filling stations within development-restricted areas by route shall be attached to 1.

The criteria for the permission of gas filling stations and gas filling stations within development-restricted zones under Article 3 (Criteria for Permission) of the 1st Ham of CJ 6.29 11 (H) at the end point of the national highways E (F) at the time of the direction of the route of the road name:

(1) Article 13 (1) 5 (e) (e) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones shall apply only to cases where a resident at the time of designation of a development restriction zone is installed on the side of an main road, such as national highways, local highways, etc.: Provided, That where a gas filling station in a downtown is installed by relocating a city, only the relevant project operator may be established, and the resident's standards shall be attached to 2 at the time of designation of a development restriction zone. The designation of a development restriction zone as at the time of designation of

1. A person who resides in the development restriction zone from the time of designation;

1. An abstract of resident registration (it shall be marked with the history of address);

2. A person residing in the development restriction zone since the designation of the development restriction zone;

(a) A person who owns and resides in a development restriction zone as a house or land (Provided, That it shall be considered as a period during which he/she resides in a development restriction zone only for a period of living outside of the development restriction zone for three years or less

(b) To attend school of the householder or his lineal descendant;

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