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(영문) 인천지방법원 2015.04.16 2014구합2526
액화석유가스충전소배치계획고시 폐지처분 취소
Text

1. Of the instant lawsuit, the Defendant’s plans for and standards for installing liquefied petroleum gas charging stations as of June 17, 2014.

Reasons

1. Details of the disposition;

A. On February 26, 2010, the application for permission for a liquefied petroleum gas filling business filed by a light energy company (hereinafter “light energy company”) and the application for permission for the first and second non-permission and the administrative litigation process 1) light energy is located in the Defendant on February 26, 2010, the Yeonsu-gu Incheon Metropolitan City and two lots (hereinafter “Gyeong Energy Project Site”) located in the development restriction zone.

(2) On March 5, 2010, the Defendant filed an application for permission to charge liquefied petroleum gas, and received the first non-permission disposition from the Defendant on the ground that the arrangement plan was not formulated. The light energy filed a lawsuit seeking the revocation of the said non-permission disposition and received a final and conclusive judgment in favor of the Defendant (Seoul District Court Decision 2010Guhap1570, Seoul High Court Decision 2010Nu3033, Supreme Court Decision 2011Du9768, Nov. 16, 201), and the Defendant again received a final and conclusive judgment in favor of the Defendant on the ground that the Plaintiff failed to secure the distance of the road passing through the Yeonsu-gu Incheon Metropolitan City development restriction zone, and that the light energy site again rejected the second non-permission disposition on the ground that it did not secure at least five kilometers of the distance of the road passing through the said development restriction zone. The light energy site received a final and conclusive judgment seeking the revocation of the said non-permission disposition by filing the second non-permission lawsuit.

(In Incheon District Court Decision 2012Guhap793, Seoul High Court Decision 2012Nu35674, Supreme Court Decision 2013Du10311, b).

E On February 19, 2013, the first non-permission disposition and the administrative litigation process for E’s permission for a liquefied petroleum gas filling business, and the first non-permission disposition and the administrative litigation thereof, filed an application with the Defendant for permission for a liquefied petroleum gas filling business with respect to three parcels, other than F, Yeonsu-gu Incheon Metropolitan City (hereinafter “E site”) located within a development restriction zone, and on February 22, 2013, the Defendant filed an application with respect to the Si/Gun/Gu, respectively.

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