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(영문) 인천지방법원 2017.05.18 2015구합54036
액화석유가스 충전소 사업자 지정 신청 불허처분 취소
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1. The supplementary participation of the Intervenor joining the Defendant is permitted.

2. The plaintiff's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts and circumstances of dispositions;

A. On February 26, 2010, the Defendant’s Intervenor filed an application for permission for liquefied petroleum gas filling business with the Defendant, and the first and second non-permission disposition, and the second administrative litigation process (1) of the Defendant’s Intervenor filed a lawsuit seeking revocation of the said non-permission disposition with respect to the Defendant’s land located in the development-restricted zone, F, C, and G, and two lots (hereinafter “project site for the Defendant”) located in the Defendant, and the Defendant changed the H land adjacent to the Defendant after the third non-permission disposition. The Defendant filed the first non-permission disposition on March 5, 2010, and received the final and conclusive judgment in favor of the Defendant by filing a lawsuit seeking revocation of the said non-permission disposition.

(Seoul High Court Decision 2010Guhap1570, Seoul High Court Decision 2010Nu3033, Supreme Court Decision 2011Du9768). (2) On November 16, 2011, the Defendant rendered a second non-permission disposition on the ground that the project site of the Defendant’s Intervenor did not secure more than 5 km road distance across the Yeonsu-gu Incheon Metropolitan City development restriction zone. The Defendant received a final and conclusive judgment by filing a lawsuit seeking revocation of the second non-permission disposition.

(In Incheon District Court Decision 2012Guhap793, Seoul High Court Decision 2012Nu35674, and Supreme Court Decision 2013Du10311.

D on February 19, 2013, the first non-permission disposition and administrative litigation process D applied for a liquefied petroleum gas charging project to the Defendant on the Yeonsu-gu Incheon Metropolitan City E and three lots (hereinafter referred to as “D site”) located within the development-restricted zone.

On February 22, 2013, the defendant failed to secure the distance of the road passing through the development restriction zone of Yeonsu-gu Incheon Metropolitan City at least 5 km, and it is an area of buried cultural heritage that needs to be preserved as an area of buried cultural heritage.

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