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(영문) 광주고등법원 2018.02.01 2017누3174
개발제한구역내 주유소ㆍ가스충전소 설치 우선순위 대상자 선정 처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be the cost of supplementary participation.

Reasons

1. Details of the disposition;

A. On August 21, 2014, the Defendant publicly announced a plan to allocate gas stations and gas filling stations and permission standards within development restriction zones that allocate one gas and gas filling stations to the sections of 6.29 km among national highways C (D Gwangju), and the main contents thereof are as follows:

Article 1 (Purpose) This public announcement sets forth a plan for the placement of gas and gas filling stations and criteria for permission so that the convenience of residents in the area can be enhanced by preserving development restriction zones pursuant to Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones, Article 13 of the Enforcement Decree of the same Act, and Article 7 of the Enforcement Rule of the same Act.

Article 2 (Plan for Placement) The location map of gas and gas filling stations within development-restricted zones by route shall be as follows.

[1] The criteria for the permission of gas stations and gas filling stations within development-restricted zones under Article 3 (Criteria for Permission) of Article 3 (Criteria for Permission) of the Act on the Protection of Oil and Gas Filling Stations within the development-restricted zones, which are non-exclusive plan for the arrangement of roads (km) at the location of the route of the road name, which is non-exclusive national highway C-line (D Gwangju).

(1) Article 13 (1) [Attached Table 1] 5 (e) (10) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones shall apply only to cases where a resident at the time of designation of development restriction zones installs on the main roads, such as national highways and local highways: Provided, That where gas filling stations in urban areas are relocated and installed, only the relevant project operator may be established, and the standards of residents at

(2) The size of a site shall be not more than 1,500§³ for gas stations, and not more than 3,300§³ for gas filling stations.

(3) The interval between gas stations and gas filling stations shall be at least 2 km in cases of gas stations in the same direction as the route concerned, and at least 5 km in cases of gas filling stations.

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