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1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The plaintiffs A are operating the "Eju station" in Hanam-si D, and the plaintiffs B operates the "Gju station" which is the filling station of liquefied petroleum gas for automobiles in Hanam-si F.
B. On June 29, 2012, C filed an application with the Defendant for a building permit to newly build a liquefied petroleum gas charging station on the land outside H and two parcels of land in Hanam-si. However, on July 16, 2012, the Defendant rejected the application on the ground that there is no ground to modify the installation plan, such as construction of a road or substantial increase in the traffic volume. 2) The Plaintiff filed a lawsuit seeking revocation of the said non-permission disposition. On November 15, 2012, the court of first instance rendered a judgment to revoke the said non-permission on the ground that the establishment of the layout plan itself is unlawful, and it is anticipated that the adjacent road will be expanded or the traffic volume will be significantly increased. Accordingly, the Defendant rendered a judgment to revoke the said non-permission on the ground that the aforementioned non-permission disposition became final and conclusive on October 25, 2013.
(C) The Seoul High Court 2012Nu9445, Seoul High Court 2012Nu40201, Supreme Court 2013Du15088, hereinafter referred to as "relevant cases").
In accordance with the results of the relevant case, the Defendant: (a) formulated and publicly notified a plan for the placement of liquefied petroleum gas filling stations for automobiles in development restriction zones (hereinafter “instant placement plan”) to give C priority to the selection of a liquefied petroleum gas filling station operator for automobiles; and (b) granted C the permission for the filling business of liquefied petroleum gas for automobiles on April 17, 2015 based on the aforementioned placement plan on April 17, 2015.
(hereinafter “instant charging business license”) D.
In addition, C is used for cars.