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(영문) 춘천지방법원 2015.04.17 2014구합852
액화석유가스 충전사업 허가처분 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On March 2, 2007, the Defendant rendered to Nonparty B a disposition for permission for the filling business of liquefied petroleum gas (hereinafter “instant permission disposition”) with the content that he/she permits Nonparty B to carry on the filling business of liquefied petroleum gas by executing the “HPG charging station (hereinafter “instant LPG filling station”) on the ground (off to G on March 25, 2008, each of the instant project sites) of the part (off to G) of the Gangseo-gun, D (E, 2008) and E, and F. (hereinafter “each of the instant project sites”).

Of the respective project sites of this case, F and E were state-owned property at the time of the instant disposition, and among them, F had been used with permission for use of state-owned property since before 2001, and as to E, the Defendant disposed of the permission for use of state-owned property to B on March 27, 2007.

Since each project site of this case was farmland (C: the rice field, E: the rice field, and F: the rice field) at the time of the disposition of this case, the defendant made disposition of permission for development activities under Article 56 of the National Land Planning and Utilization Act after consultation on farmland diversion pursuant to Article 34(2)2 of the Farmland Act around May 2007.

(However, the land category was changed to the gas station site, C, D on September 28, 2007, F on March 25, 2008, and E on August 11, 2014).B, around August 2007, newly constructed the instant LPG charging station on each project site of this case, was inspected by the Defendant on August 3, 2007, and operated the said LPG charging station thereafter.

On the other hand, in around 199, Nonparty I Co., Ltd. operated the pertinent LPG charging station with permission for liquefied petroleum gas charging business on the ground of the JJ in 199, and sold the above LPG charging station to the Plaintiff on July 11, 2007. On July 20, 2007, the Plaintiff succeeded to the license for a liquefied petroleum gas filling business of IS and operates the above LPG charging station (hereinafter “AP filling station”) with the trade name “AP filling station” from July 20 to July 207.

The plaintiff is operating the above APG charging station in this case from B around January 201.

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