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(영문) 인천지방법원 2019.01.18 2017구합51307
주유소 설치허가신청 반려처분취소
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 December 19, 2016, the Plaintiff: (a) adjacent the Defendant B (hereinafter “C”); and (b) granted a license for the purpose of installing a gas station to Kimpo-si (hereinafter “instant application site”) designated as a development-restricted zone Kimpo-si (hereinafter “instant application”).

B. On January 2, 2017, the Defendant rendered a disposition to return the said application for the following reasons (hereinafter “instant disposition”).

1) The first day of the above application is in C, and C, in principle, may not establish a plan for the placement of gas stations, etc. for the portion C within a development-restricted zone due to the reasons set forth in Article 2(1)(ii) of the Road Act, which is a road established for the purpose of motorway and for the function and maintenance of the road. [The fact that there is no dispute over the grounds for recognition, the entry in subparagraphs 1, 2(1) and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion 1) The instant disposition on the ground that the instant disposition on the ground that the instant disposition on the ground that the instant disposition on the ground that the instant motorway was an exclusive and specific motorway should be revoked, even though it was not yet designated as a motorway, and it was impossible to predict at any time in the future because a specific plan was not established. (2) If the arrangement plan was not established in the establishment of a gas station in a development-restricted zone, or the previous arrangement plan has expired, the permitting agency should determine whether the instant disposition on the ground that the disposition on the ground that the plan was not established is unlawful and revoked.

(b) as shown in the attached Form of the relevant statutes;

(c)the construction of a building for the purpose of designating a zone within a development-restricted zone of the relevant legal principles;

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