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(영문) 인천지방법원 2018.11.16 2017구합54740
석유판매업(주유소) 조건부 등록신청 불가처분 취소
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. After formulating a plan for the placement of gas stations in development-restricted areas and the criteria for permission, the Defendant publicly announced it to Incheon Special Metropolitan City, Northern-gu B on March 8, 1994 (hereinafter “instant placement plan”); among them, the part concerning the first and second sections of C national highways (D; hereinafter “instant roads”) are as follows.

[Attachment 1] Two Section GF (Seoul C) 2 Section GF (Seoul C) 1.32 points in two Section GF (Seoul C) at the end point 2 C national highway E (Seoul C) at the point of non-section 3.34 at the point of the non-sectioned section of the annual route name extension (km)

B. Accordingly, on the road of this case, gas stations were installed as listed below [Attachment 2].

On April 8, 1994, the current status of registration of gas stations in the previous development restriction zone of the road of this case [Attachment 2] The date of existence of the registration of gas stations in the name of the trade name (trade name change) (the current development restriction zone) located in the 1 H gas stations I of the 1st H gas stations I of the road of this case among the businesses on April 8, 1994, the 3 M gas stations N of the 1st of the road of this case (the present development restriction zone area) and the 4 O gas stations P of the 1st of the road of this case among the businesses on April 1, 1994 and April 1, 1994.

C. As the Incheon Gyeyang-gu price was released from a development-restricted zone on June 5, 2006, the total length of 1.3km of the road of this case was located outside the development-restricted zone of approximately 600 meters north side of the total length of 1.3km of the road of this case, and Mari station and Ori station were newly installed in the area where the development-restricted zone was released from the development-restricted zone among the road of this case, the current status of registration of gas stations in one part of the road of this case was as shown below [Attachment 3], but no gas station was installed within the development-restricted zone among the part of the road of this case.

As of May 18, 1994, the current status of registration of gas stations of this case [Attachment 3] as of the current status of registration of gas stations of this case [Attachment 3], whether the date of permission for the location of the trade name (mutual change) shall remain, and as of April 1, 1994, the 1 M gas stations N. 1 M of 1 M gas stations of this case among the businesses of April 1, 1994, 3 RT and 4 S gas stations U from May 18, 2007 among the businesses of April 11, 2008.

D. The Plaintiff.

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