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(영문) 서울고등법원 2015.04.10 2014누58367
액화석유가스충전사업 허가신청에 대한 불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

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 an auxiliary arterial road to link free will and high-sea as well as a development restriction zone, and is designated as a development restriction zone.

The road of this case is about 6 km in total length, and the length of the road belonging to the development restriction zone is 2.5 km.

B. 1) The Plaintiff obtained the consent of the owner E to use the instant land, and then the Plaintiff is limited to the instant land as a liquefied petroleum gas filling station for automobiles (hereinafter referred to as “heat station”), and the filling station applied for the instant land is called “the 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 excluded from the placement area under the plan for high-speed charging station placement, which is established by the mayor pursuant to Article 12 of the Development Restriction Zone Act and Article 13 [Attachment 1] of the Enforcement Decree of the same Act.

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

The defendant, on December 19, 200, announced a plan for the placement of liquefied petroleum gas filling stations for automobiles in the high-si development-restricted zone under Article 200-123 of the Goyang-si Notification No. 200-123 (hereinafter “instant placement plan”), and according to the instant placement plan, the defendant announced the plan for the placement of liquefied petroleum gas filling stations for automobiles in the high-si development-restricted zone.

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