1. The plaintiff's claim is dismissed.

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

1. The Plaintiff, on November 2015, filed an application with the Defendant for registration of petroleum retail business (gas station) in order to install gas stations in the area of 1,212 square meters prior to Gangdong-gu Seoul Metropolitan Government (hereinafter “instant land”).

On December 8, 2015, the Defendant rejected the Plaintiff’s application for registration (hereinafter “instant disposition”) on the ground that the location of the gas station as prescribed by the Gangseo-gu Notice C, 1998 (hereinafter “instant Notice”) exceeds the location of the gas station within the Gangseo-gu development restriction zone.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Main contents of the instant notice 1) Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”)

According to Article 12(1) of the Enforcement Decree of the same Act and Article 13(1) [Attachment 1] of the Enforcement Decree of the same Act, gas stations can be established in accordance with a plan for placement established by the head of the Gu, etc.

(Attachment Reference to the relevant Acts and subordinate statutes). In accordance with the above Act and subordinate statutes, the defendant established a placement plan such as the notice of this case, and publicly announced the requirements and procedures for the applicant.

2) The plan for the placement and reservation of gas stations (Articles 1 and 3) are as follows. The gas stations arranged D are to reserve the gas stations within the development restriction zone of Gangdong-gu Seoul Metropolitan Government until the time of implementation after the completion of the construction project with a wide area of at least 20 meters (Article 3). The gas stations planned to place D has not been posted until now. The instant public notice provides for the requirements of the persons subject to the application for gas stations (Article 2) and other matters (Article 4 and the procedures for subsequent application by the first-class selection and the first-class selection) according to the placement plan (Article 3).

4. The notice of this case.