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(영문) 부산지방법원 2016.08.18 2015구합23923
개발제한구역 내 휴게소 사업자지정 취소 처분 등 취소
Text

1. On August 3, 2015, among the instant lawsuit, the Defendant issued a disposition to suspend construction works within a development restriction zone against the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2014, according to the plan to place a liquefied petroleum gas charging station for automobiles, a rest area, and the notification of installation standards (Notice No. 2014-78, Jun. 16, 2014) within a shipping- Daegu development restriction zone, the Plaintiff is “the instant land not exceeding 1,556m2, Busan Shipping Daegu B” to the Defendant on July 2, 2014.

(B) On July 18, 2014, the Defendant filed an application for designation of a rest area designated as a business operator of the rest area, and the Defendant designated the Plaintiff as a business operator of the rest area. (B) On August 2, 2014, the Plaintiff filed an application with the Defendant for permission to engage in the activities within the development-restricted area regarding the construction of the rest area (the Plaintiff filed an application for construction permission, and filed an application for designation of the rest area as described in the foregoing paragraph (a) and filed

A) On August 11, 2014, the Defendant issued a permit to engage in an act in a development-restricted zone to obtain a separate permit to occupy and use a road at least five days prior to the commencement of construction works, and to take measures pursuant to the Road Act when used without permission. (c) On August 11, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use a road to enter a construction vehicle. On August 13, 2014, the Defendant filed an application with the Defendant for permission to change the occupancy and use a road to Busan Shipping Daegu Metropolitan City road, Busan Metropolitan City road for occupation and use, vehicle access, occupied and used, occupied area, 77 square meters, and period of permission from August 20, 2014 to August 19, 2019; and (d) on August 18, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use the road from the construction-restricted zone to the size of the building area and the area of the road to be changed.

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