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(영문) 인천지방법원 2018.12.21 2018구합221
허가기간연장확인
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 February 17, 2015, the Plaintiff obtained permission from the Defendant for a liquefied petroleum gas filling business (hereinafter “instant permission”) with a content of installing a liquefied petroleum gas charging station (hereinafter “instant charging station”) on the ground of 135, 135, 00, YY-nam-ro, Mapo-ro, Mapo-gun, Incheon, Mapo-gun.

B. Upon delay in the construction of the instant charging station, the Plaintiff applied for an extension of the period of permission to the Defendant, and the Defendant first extended the period of permission on February 17, 2017 upon receiving the Plaintiff’s application on February 17, 2016, subject to the commencement of business until February 17, 2017.

On May 16, 2017, the Plaintiff filed an application with the Defendant for the extension of the permission period of this case. On August 7, 2017, the Defendant accepted the Plaintiff’s application on August 7, 2017, and subsequently extended the permission period of this case on the condition that the business commences until December 31, 2017.

C. However, on December 31, 2017, the Plaintiff filed an application for the extension of the term of validity of the instant case to the Defendant on November 24, 2017, when the Plaintiff was unable to start business until December 31, 2017, and on June 30, 2018.

Accordingly, on December 6, 2017, the defendant notified that the approval of the above extension is not possible on the ground that the civil engineering works related to underground structures did not proceed.

On December 28, 2017, the Plaintiff filed a motion for the extension of the period of this case again to the Defendant. However, the Defendant notified the Defendant that the approval of the Plaintiff’s extension was not possible on the grounds that the Defendant provided a sufficient period to complete the business on December 29, 2017.

On January 10, 2008, the Defendant issued a prior notice of disposition that the instant permission is revoked because it did not commence its business within one year from the date the permission was granted to the Plaintiff, and on January 26, 2018, the Defendant notified that the instant permission was revoked, and the Plaintiff was 2018:

1. 24. The Defendant submitted its opinion on March 15, 2018, on the ground that “the Plaintiff did not commence business within one year from the date of permission without good cause.” The Defendant is below the safety control and business of liquefied petroleum gas.

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