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(영문) 인천지방법원 2018.07.05 2016구합53566
건축허가 등 취소처분 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. On August 25, 1972, Kimpo-si, including the permission for the construction of gas stations in B, was designated as a development restriction zone pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”). On January 16, 2001, the Defendant determined “public notice of the placement of gas stations and charging stations” as a qualification to obtain permission for the construction of gas stations in the development restriction zone as a qualification to obtain the said development restriction zone’s designation.

B on December 17, 2004, while residing in the development restriction zone prior to the designation of the development restriction zone B, the Defendant filed an application with the Defendant for a construction permit to newly build a gas station on the land in Kimpo-si, E, F, and G located in the development restriction zone. On August 16, 2006, the Defendant rejected the application for the construction permit on the ground that the residence in B was released from the development restriction zone and the resident requirements at the time of the designation of the development restriction zone were no longer satisfied after the application for the construction permit was made. On January 26, 2012, the Plaintiff revoked the disposition and again filed the application for the construction permit with B on February 16, 2012, requested that the return be revoked and the first submission of the application for the construction permit was filed with B on March 22, 2012, and the construction permit to build the gas station on the land (hereinafter referred to as “the construction permit in this case”).

On November 28, 2012, the registration of ownership preservation was made in B’s name with respect to the above gas station building, and the registration of ownership transfer was made in the name of the Plaintiff on November 30, 2012. On November 30, 2012, the Plaintiff registered the petroleum selling business with the trade name called “H gas station” from the building site of the above gas station and its site, and operated the gas station.

B. The final and conclusive judgment of the relevant criminal case is B on December 28, 2015.

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