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(영문) 광주지방법원 2015.05.28 2014구합10769
사용승인반려처분에 대한 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Defendant’s construction permit and the Plaintiff’s commencement of the construction permit were defective on March 17, 2009, the Plaintiff filed an application for construction permit with the Plaintiff to newly construct a liquefied petroleum gas filling station (hereinafter “instant filling station”) with the following content on the ground of the 1,860 square meters of land among the 1,860 square meters of land among the 1,860 square meters of land in Gwangju Mine-gu, Gwangju, a flood control area under the River Act (hereinafter “instant filling station”).

The Plaintiff, on July 1, 2009, filed a report on the start-up of the instant charging station on July 1, 2009, and began to work for basic construction, such as retaining walls, etc. for the construction of the instant charging station, around April 2010, at the latest, around 2010.

On March 16, 2009, the defendant notified the plaintiff of the defendant's request for the extension of the period of permission to occupy and use the road of this case and the extension of the period of the occupancy and use of the road of this case by December 31, 2021.

On March 28, 2013, the Defendant notified the Plaintiff that the permission may be revoked if the Plaintiff fails to commence the instant filling station business within one year without justifiable grounds. The Defendant urged the Plaintiff to apply for extension of the start-up period by April 15, 2013.

On January 6, 2011, the Defendant’s Intervenor publicly notified the determination of the river area and the implementation plan for river works by the Defendant’s Intervenor (hereinafter “instant river works implementation plan”) that the instant site will be incorporated into the river area, and publicly notified the river works implementation plan to the river area including the instant site pursuant to Article 27 of the River Act on March 29, 2013 (hereinafter “public notification of the implementation plan for river works”).

. the defendant.

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