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(영문) 의정부지방법원 2015.09.23 2014구단2315
석유판매업등록신청불가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 24, 2006, the Defendant established and publicly announced a plan for the placement of gas stations (the receipt period shall be three days from December 6, 2006 to December 8, 2006; hereinafter “instant placement plan”) including the contents of the placement of one gas station within a section of 4.5 km in the direction C from City/Do 60 lines in the development-restricted zone B.

B. On September 2014, the Plaintiff filed an application with the Defendant for registration of petroleum selling business (hereinafter “oil station”) to the effect that the Plaintiff would operate the gas station with the trade name “E gas station” on the ground of Goyang-si, Goyang-si, the four point five km as seen earlier (hereinafter “instant land”).

C. On September 26, 2014, the Defendant rendered a disposition rejecting the application on the ground that the plan for the placement of gas stations within a development-restricted zone was terminated, and in addition, there may be additional problems on the Protection of Military Installations Act, the Act on Protection and Investigation of Buried Cultural Heritage, the Farmland Act, the School Health Act, and the Act on Special Measures for Designation and Management of Restriction on Development (hereinafter “instant disposition”).

On the other hand, the Defendant sent an official document to the Plaintiff on October 6, 2014, which was following the instant disposition, stating that (i) the application for consultation for military protection zones to create gas stations on the instant land was sent from the competent military unit (F unit) to the Plaintiff; (ii) the gas stations within development restriction zones could be installed in compliance with the placement plan, but currently the placement plan is not established; (iii) the application for permission for gas stations will be received after re-establishment of the future placement plan according to the results of service performance; and (iv) the installation of gas stations within development restriction zones can be permitted only once by residents at the time of designation of development restriction zones.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 to 6, whole purport of oral argument

2. Whether the disposition is lawful;

A. The plaintiff's assertion.

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