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(영문) 광주고등법원 (제주) 2018.03.14 2017누1010
액화석유가스 판매사업 허가처분 취소 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

On July 1, 2015, the Plaintiff filed an application with the Defendant for permission to sell liquefied petroleum gas with the location of 1,650 square meters (hereinafter “instant land”).

Accordingly, the Defendant accepted the above application on August 10, 2015 and rendered the instant disposition that permits liquefied petroleum gas sales business to the instant company based on Article 5(2) of the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter “Diquefied Petroleum Gas Act”).

The types of sales business that are the contents of the above permission are the LPG sales business for containers, containers, and tanks fixed in motor vehicles.

The Plaintiffs are the owners of land or a building on its ground located near the instant land, or people living near the instant land.

In Jeju-si in the vicinity of the instant land, the Plaintiff owned the Plux 940 square meters, and on that ground, there are buildings owned by Plaintiff A’s wife Q Q (the use is general restaurants and housing).

In addition, in Jeju Island located near the land in this case, the RR large 625 square meters is owned by the plaintiff A's son, and the above ground is located in the building owned by S (the use is a first-class neighborhood living facility).

The distance from the container storage to the above P land’s ground building is 57.1m (the shortest distance from the boundary of the instant land to the boundary of the P land is 25.13m). The distance from the container storage to the building on the pertinent RR’s ground is 49.3m.

(The shortest distance from the boundary of the instant land to the boundary of the said RR land is about 20.33m) on the other hand, the shortest distance from the boundary of the instant land to the boundary of T land in Jeju owned by Plaintiff F is about 8.04m.

(F) On the ground above the land owned by the Plaintiff F, a building without permission is installed. [Grounds for recognition] There is no dispute, A(1) through (3), 20 through 23, 29, and 29.

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