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(영문) 서울고등법원 2016.10.14 2016누40773
액화석유가스충전소 선정신청 반려처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 6, 2015, the Plaintiff had adjacent to the Defendant B (hereinafter “C”) and applied for the selection of a liquefied petroleum gas filling station for automobiles (hereinafter “instant application”) on the Kimpo-si and one parcel, designated as a development-restricted zone, Kimpo-si (hereinafter “instant site”).

B. On May 19, 2015, the Defendant returned the above application to the following grounds (hereinafter “instant disposition”).

1) The day of the above application for selection is in C, and C, in principle, may not establish a plan for the placement of liquefied petroleum gas charging stations for motor vehicle portion C in the city development restriction zone due to the reasons such as restricting (Road Management Business Office-E) 1 to maintain and manage the road for the purpose of opening C in order to maintain the function and maintenance of the road as a road for exclusive use as an exclusive road (the purport of the entire pleadings and arguments).

2. As to the Defendant’s defense of safety, the Defendant asserted that the instant lawsuit seeking revocation of the instant disposition has no interest in litigation, since the Defendant’s winning of the instant lawsuit cannot obtain permission for the occupation and use of the road even if the Defendant established a placement plan. As such, the Defendant asserted that there is no interest in litigation, as it is difficult to obtain permission for the occupation and use of the road.

In this case, if the disposition of this case is revoked due to the plaintiff's winning in the lawsuit of this case, it shall return to the first state in which the plaintiff filed an application for the selection of the charging agent, and the cancellation judgment which is the defendant and the relevant administrative agency shall bind the administrative agency to which the party

(Article 30 (1) of the Administrative Litigation Act). Administrative agencies concerned shall take measures related thereto on or on the basis of the revoked administrative dispositions.

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