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(영문) 수원지방법원 2012.07.05 2011구합8087
개발제한구역내주유소설치우선순위선정자제외처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2010, the Defendant rendered the instant national highways D, a national highway C (hereinafter “instant national highways”).

Of the sections within the jurisdiction of Ansan-si, “3.7 km section from E to F in the direction of the orchard” (hereinafter “instant road section”).

) A plan for the placement of gas stations within a development-restricted zone, which intends to newly place one gas station, was formulated and announced (hereinafter “instant placement plan”).

(2) On May 12, 2010, the Plaintiff filed an application with the Defendant for the selection of himself as the priority order in the installation of gas stations in accordance with the instant placement plan on the ground that the Plaintiff had a total of 1,500 square meters of land on three lots, including Ansan-gu G, Ansan-gu, which is located in the instant road section.

(3) On November 30, 2010, the Defendant issued a disposition to exclude the Plaintiff from the eligibility for priority in the instant application site (hereinafter “instant disposition”) on the ground that “the person who wishes to install a gas station in conflict with the Rules on Connections between Roads and other Roads, which are the Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter “Road Connection Rules”) under Article 4(3)4 of the instant placement plan, shall be excluded from the eligibility for priority in the instant application site (hereinafter “instant express lane”) to be installed by linking to the instant road section, on the ground that the instant application site to be installed is in conflict with the provisions of subparagraph 3, etc. of Article 6 of the Road Connection Rules.”

(4) The Plaintiff appealed to the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the claim was dismissed on May 18, 201.

B. 1) On the ground of the direction of the source of the road section of the instant case, which is the fourth line around the instant application site, immediately adjacent to the instant application site, H Co., Ltd., which was operated by the Defendant with permission for installation from the Defendant (hereinafter “IB”)

A location is located and 100 mw from them.

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