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(영문) 인천지방법원 2018.02.09 2017구합51765
개발제한구역내 행위허가 신청서 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 April 11, 2017, the Plaintiff submitted to the Defendant an application for permission to install gas stations to the Kimpo-si B land designated as a development restriction zone (hereinafter “instant land”).

B. On April 17, 2017, the Defendant rendered a disposition rejecting the Plaintiff’s application for permission of acts on April 11, 2017 (hereinafter “instant disposition”).

A. Reasons for return

Pursuant to the relevant Acts and subordinate statutes, the installation of gas stations shall be limited to cases where residents install on the main roads, such as national highways and local highways at the time of designation by the Mayor or designation.

The land of this case is not a main road as D (the national map for road function; hereinafter referred to as the "road of this case") publicly notified as C by Kimpo-si, and it is impossible to install it as a good farmland. [Grounds for recognition] The fact that there is no dispute, the entries in Gap Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the instant road abutting on the instant land constitutes an arterial road, while the instant land falls under farmland on the land category, it cannot be deemed as a good farmland since it does not correspond to farmland on the ground that it does not constitute a good farmland. In light of the fact that the Defendant rejected permission for the act of installing gas stations and charging stations on the instant land located in a similar location even though there were lots of land located near the two lots located within a development-restricted zone that is not located on the main road, which is not located on the previous arterial road, in view of the fact that this is contrary to equity, and the instant disposition is made by abusing discretion, and thus ought to be revoked.

(b) The attached Form of relevant statutes is as follows.

(c) within a development-restricted zone, in principle, activities such as construction of buildings, installation of structures, alteration of land form and quality are prohibited for the purpose of designating a zone, provided that:

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