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(영문) 광주지방법원 2018.11.08 2018구합10859
가스충전소설치대상자선정 부적합처분취소
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 July 27, 2015, the Defendant amended and publicly notified the plan for the placement of gas stations and liquefied petroleum gas filling stations for automobiles and the criteria for permission to the development-restricted areas of H and I route, which pass through EF G from Gwangju Mine-gu to the same Gu, as the section B of Gwangju Mine-gu, Gwangju Metropolitan City, and accordingly publicly notified that the Defendant would select persons eligible for the installation of gas stations, charging stations, and resting places.

B. On March 22, 2018, the Plaintiff filed an application with the Defendant for the selection of a person subject to installation of a liquefied petroleum gas filling station in a development-restricted zone with respect to J-gu Gwangju Mine-gu 3,330 square meters (hereinafter “heat site”).

C. On March 28, 2018, the Defendant sent to the Plaintiff a reply to the effect that the said charging site is inappropriate for the selection of the person subject to installation of the charging station (hereinafter “instant disposition”).

Article 22(1) [Attachment 2] [Attachment 1] [Attachment 2] of the Enforcement Decree of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 22(1) [Attachment 2] [Attachment 1] [Attachment 1] of the Enforcement Decree of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 22(1) [Attachment 2] is inconsistent with the purpose of designating development restriction zones aimed at preserving the natural environment surrounding cities to ensure the healthy living environment for urban citizens; and Article 22(1) [Attachment

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 6, and 10, the purport of the whole pleadings

2. The Plaintiff’s assertion in this case deviates from and abused discretion, such as misunderstanding of facts.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

(a) The possibility of environmental pollution, etc. is that the administrative authority should make a determination on the public interest, and its wide discretion is recognized.

The deviation and abuse of discretionary power in relation thereto.

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