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(영문) 인천지방법원 2018.09.14 2016구합54880
건축허가취소처분취소
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. A. Around August 25, 1972, the Defendant’s gas station building permit and building use approval Kimpo-ri 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 Zone Act”). The Plaintiff has been residing in the development restriction zone prior to the designation of the development restriction zone.

On January 16, 2001, the Defendant publicly announced the placement of gas stations and charging stations (No. 2001-6 of the Gimpo City Notice), and determined “it shall be a resident at the time of designation of a development restriction zone” as a qualification to obtain permission for the construction of gas stations within a development restriction zone.

The Plaintiff, a resident residing in a development restriction zone since the designation of the development restriction zone, filed an application for a building permit to newly build a gas station on land in Kimpo-si, Kimpo-si, D, and E located in the development restriction zone, on the premise that the qualification requirements are met. On March 22, 2012, the Defendant issued a building permit to the Plaintiff for the gas station (hereinafter “instant building permit”). On the same day, the Plaintiff completed its business registration with the trade name “F gas station” (hereinafter “instant gas station”).

On November 26, 2012, the Plaintiff applied for the approval of the use of the instant gas station after constructing the instant gas station on the instant land. On November 26, 2012, the Defendant approved the use of the building (hereinafter “approval of the use of the instant gas station”).

B. On December 28, 2015, the Plaintiff of the relevant summary order and criminal judgment accepted the proposal that “the Plaintiff may file an application for permission for a gas station in the name of the Plaintiff on the instant site instead of paying the Plaintiff’s debt by G around January 2010, and G accepted the proposal. On February 16, 2012, G is the name holder of the Plaintiff and it was the Plaintiff’s permission. However, as the Plaintiff actually obtained the permission, the Plaintiff conspired with G by filing an application for a permission for a gas station in the name of the Plaintiff.

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