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(영문) 인천지방법원 2016.01.15 2014가합58845
청구이의
Text

1. The defendant's decision on May 2, 2014 against the head of Yeonsu-gu Incheon Metropolitan City is based on the decision of 2014A33 of this Court.

Reasons

1. Basic facts

A. B Company B’s application for permission for liquefied petroleum gas filling business, non-permission disposition and administrative litigation (hereinafter “B”).

The head of Yeonsu-gu Incheon Metropolitan City (hereinafter referred to as the "head of Yeonsu-gu") on February 26, 2010.

A) ① 969 square meters, ② 1,943 square meters, ③ 3,300 square meters, among E previously 942 square meters, located within the area of development restriction, located within the area of development restriction, (i) Yeonsu-gu Incheon, Incheon, and (ii) 3,300 square meters, (iii) the land adjacent to the east-gu, was excluded from the project site; (ii) the land was finally included in F, G, and H land adjacent to the west-gu, Incheon, and finally included in the project site; (ii) 250 square meters, ② 1,095 square meters, ② D gas station site; (iii) 1,75 square meters, ③ 151 square meters, ④ G gas station site; and (iv) 3,300 square meters, total area of 49 square meters in H gas station site;

hereinafter referred to as “B project site”

(2) On March 5, 2010, the Plaintiff filed an application for permission for the filling business of liquefied petroleum gas, and the head of the Yeonsu-gu Office rejected the said application again on the ground that the Plaintiff failed to secure the road distance passing through the development restriction zone of Yeonsu-gu Incheon Metropolitan City, and the head of the training center received the final and conclusive judgment in favor of the Plaintiff by filing a lawsuit seeking the revocation of the said non-permission disposition (this Court Decision 2010Guhap1570, Seoul High Court Decision 2010Nu303, Supreme Court Decision 2011Du9768, Nov. 16, 201), and the head of the training center again issued a final and conclusive judgment in favor of the Plaintiff by filing a lawsuit seeking the revocation of the said non-permission disposition (this Court Decision 2010Guhap157033, Seoul High Court Decision, Supreme Court Decision 2011Du9768, Nov. 16, 2011).

(Court Decision 2012Guhap793, Seoul High Court Decision 2012Nu35674, Supreme Court Decision 2013Du10311.

The defendant's application for permission, non-permission and administrative litigation for the filling business of liquefied petroleum gas shall be filed with the head of the Yeonsu-gu on February 19, 2013.

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