Jeon-title et al. (Attorney Seo-tae, Counsel for the plaintiff-appellant)

Daegu Special Metropolitan City Mayor (Attorney Han-chul, Counsel for defendant-appellant)

December 21, 1982

The lawsuit of this case is dismissed.

Litigation costs are assessed against the plaintiffs.

On March 30, 1982, the disposition that the Defendant rendered the permission for the installation of the automobile charging station on the part of the Intervenor joining the Defendant on March 30, 1982 was revoked in EL. P.G. (L.P.G.) 983-2, Nam-gu, Daegu-gu (L.G.).

Litigation costs shall be borne by the defendant.

(1) On March 30, 1982, the fact that the Defendant rendered a permission for the installation of an automobile charging station (L.P.G.) on the ground of the 983-2, Nam-gu, Seoul Metropolitan City on February 3, 1983 with respect to the Defendant’s Intervenor’s Intervenor’s Yudong-dong (L.P.G.) is not a dispute between the parties.

(2) The plaintiffs' representative, on March 30, 1982, when the defendant issued this case's supplementary disposition against the defendant Lee Jae-dong on March 30, 1982, this case's charging place is within the second circular road with the commercial area or the second-class house's residential area, so the security distance should be 24 meters at least 12 meters, and it should be 10 meters at least 10-hours for the safe-distance building owner's electric power plant, and this case's supplementary disposition should be 10-hours for the first time without the plaintiffs' consent. According to Article 3 (1) 2 and 3 of the High-Pressure Gas Safety Control Act and Article 4-2 of the Environmental Conservation Act, it is obvious that the defendant's new disposition against the plaintiff's previous disposition should be revoked within the 9-month period since it violated the above 19-month period's previous disposition without the plaintiffs' consent. This case's legal representative should not be viewed as an unlawful disposition against the plaintiff's previous disposition.

Therefore, since the plaintiffs' lawsuit of this case is unlawful without the need to decide on the merits, it shall be dismissed, and it shall be decided as per Disposition by applying Article 14 of the Administrative Litigation Act and Articles 89 and 93 of the Civil Procedure Act to the burden of litigation costs.

January 18, 1983

Judges Yoon Young-ok (Presiding Judge)

[Attachment Omission (Selection List)]