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(영문) 인천지방법원 2015.11.19 2014구합32527
개발제한구역 내 액화석유가스충전소 선정허가처분 취소
Text

1.(a)

On September 16, 2014, the Defendant selected a liquefied petroleum gas filling station within the development-restricted zone.

Reasons

1. Details of the disposition;

A. According to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”), Article 13(1) [Attachment 1] [Attachment 5(e)(10) of the Enforcement Decree of the same Act, in order to install a liquefied petroleum gas charging station for motor vehicles in a development restriction zone, permission from the head of the relevant Si/Gun/Gu shall be obtained. (b) The Defendant, based on the aforementioned statutes, on January 26, 2012, “public announcement of a plan for the placement of filling stations for motor vehicles in a development restriction zone and a change in permission standards for the use of liquefied petroleum gas for motor vehicles

(3) On September 11, 2014, the Plaintiff filed an application for the selection of a liquefied petroleum gas filling station with the land (hereinafter referred to as “instant rejection disposition”) on the following grounds: (a) on September 11, 2014, the Plaintiff filed an application with the Defendant for the selection of a liquefied petroleum gas filling station on the land outside Kimpo-si and one parcel; and (b) on August 26, 2014, the Intervenor filed an application with the Defendant’s Intervenor for the selection of a liquefied petroleum gas filling station with the land (e.g., Nonparty E and two parcels) as the site. (d) The Defendant rejected the application from the Defendant’s Intervenor’s first received pursuant to Article 5(4) of the instant notification to the Plaintiffs on September 16, 2014, on the ground that the Defendant filed an application for the selection of the Plaintiffs later than C (hereinafter

(E) On the same day, Defendant’s Intervenor applied for the selection of a liquefied petroleum gas filling business within a development-restricted zone pursuant to Article 12 of the Development Restriction Zone Act and Article 3 of the Safety Control and Business of Liquefied Petroleum Gas Act. In addition, the Defendant permitted Defendant’s Intervenor to conduct a liquefied petroleum gas filling business on January 12, 2015, and permitted Defendant’s construction of a liquefied petroleum gas filling station within a development-restricted zone on February 11, 2015 (hereinafter the above permission dispositions against Defendant Intervenor).

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