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(영문) 광주고등법원 2019.12.26 2018누6361
주유소 설치대상자 선정 부적합 처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as follows, and the part of the judgment of the court of first instance concerning the plaintiff's new assertion is identical to the part concerning the reasoning of the judgment of the court of first instance, except for further determination under paragraph (2) of this Article, since the plaintiff emphasizes that the judgment of the court of first instance has been concluded again in this court or determined newly, it is acceptable as it is

(Other contents asserted by the Plaintiff in this Court are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if all of the evidence presented to the first instance court and this court were examined, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). The following is added at the last sentence of the second letter box.

In addition, in order to establish gas stations and charging stations in each parcel in August 2017 and February 2018, an applicant, other than the Plaintiff, applies for the selection of a person subject to installation with the consent of the same landowner, and there is a defect in the defendant's inappropriate disposition due to the reasons such as "the detailed criteria for permission or report and the resident requirements at the time of designation of the land," and one administrative appeal filed by the relevant party, which is dissatisfied with the relevant disposition, has been completed, and one case is in an administrative appeal lawsuit. Therefore, one case is in the process of an administrative appeal. Therefore, the right to use the land overlaps due to the reasons such as the procedure for objection by the person entitled to use the land in the development-restricted zone and the announcement of the plan for placement of gas stations, rest areas, and liquefied petroleum gas filling stations in the development-restricted zone and the revision of the permission criteria publicly notified by the Gwangju Metropolitan City public notice, the procedure for objection is completed or the consent of the person entitled to use the land in accordance with attached Table 3 shall be prior to the waiver of the right.

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