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(영문) 의정부지방법원 2014.07.22 2013구합2995
액화석유가스충전사업 허가신청에 대한 불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The present status of the instant land is 2,202 square meters and 1,732 square meters and 1,732 square meters and 202 square meters and 1,732 square meters and 202 square meters and 200 square meters and 200

(C) The Act on Special Measures for Designation and Management of Areas of Restricted Development (hereinafter referred to as “Act on Special Measures for Designation and Management of Areas of Restricted Development”) is adjacent to

2) The instant land is located around the City/Do D (hereinafter “instant road”) which is a auxiliary arterial road that combines a free road and a height as well as a superficial road.

B. On the instant land, the Plaintiff obtained the consent of the owner E to use the instant land, and then the Plaintiff is deemed to be a liquefied petroleum gas filling station on the instant land (hereinafter “instant filling station”).

On May 13, 2013, in order to install a liquefied petroleum gas filling business (hereinafter “instant application”) to the Defendant.

2) On July 2, 2013, the Defendant rejected the instant application on July 2, 2013, on the ground that the instant land is not an area subject to placement under the plan for the arrangement of liquefied petroleum gas charging stations for automobiles at the high time, on the grounds that it is not an area subject to placement under the plan for the arrangement of liquefied petroleum gas charging stations for automobiles, the Defendant may establish a liquefied petroleum gas charging station only in accordance with the arrangement plan formulated by the mayor pursuant to Article 12 of the Act

(hereinafter referred to as “instant disposition”). C.

On December 19, 200, Goyang-si announced a plan for the placement of liquefied petroleum gas filling stations for automobiles within development-restricted zones under Article 200-123 of the Goyang-si Notification No. 200-123 (hereinafter “instant placement plan”). According to the instant placement plan, the liquefied petroleum gas filling stations for automobiles can be installed only on roads included in the placement plan, and the interval between charging stations may be straight by the direction of traffic of the same vehicle.

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