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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
1.(a)
The court below acknowledged the following facts by taking full account of the adopted evidence.
(1) On June 16, 2014, based on the provisions of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and the Enforcement Decree thereof, the Defendant publicly announced plans for and standards for the placement of gas charging stations and resting places to be placed within the development restriction zones within the jurisdiction of the relevant area and the installation of
(2) Article 1(1) of the Notice of this case provides that “The purpose of this Notice is to preserve development restriction zones pursuant to the provisions of Article 12 of the Development Restriction Zones Act, Article 13 of the Enforcement Decree of the same Act, and Article 7 of the Enforcement Rule of the same Act, and to enhance the living convenience and income of residents in the development restriction zones at the time of designation of the development restriction zones, standards for placement plans and installation (permission) of gas charging stations and resting areas for automobiles shall be established.” Article 2 of the Notice provides that “The installation and examination route according to the plan for the placement of liquefied petroleum gas charging stations and resting areas for automobiles within the development restriction zones are as shown in Table 1 [Attachment Table 1] (Article 1) and the above placement number and examination route shall be as shown in Table 1 [Attachment 1] and Article 4(5) provides that the permission and facility standards shall meet the standards for the safety control and business of liquefied petroleum gas, etc., and that the section shall be designated in front of the area where the main road is located in Busan Metropolitan City (hereinafter referred to be located).
(3) The Plaintiff on July 2, 2014 pursuant to the instant public notice.