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(영문) 인천지방법원 2016.11.10 2016구합50253
액화석유가스충전사업허가취소처분 취소청구의 소
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. From May 31, 2006, the Plaintiff leased a “gas station site” 883 square meters, D “gas station site” 1,369 square meters, E “road” 107 square meters (hereinafter “each of the instant sites”) and three above C-ground buildings (excluding the three-story housing site) from Kimpo-si on May 31, 2006, and newly constructed two hazardous material storage and treatment facilities (hereinafter “facilities of this case”) on the said D’s gas station site, and started the registration of preservation of ownership in its name on March 14, 2008, and started the gas station business from that time.

Since July 17, 2009, the Plaintiff obtained permission for liquefied petroleum gas filling business (hereinafter “instant permission”) from the Defendant to change the gas filling business to the liquefied petroleum gas filling business, and operated the liquefied petroleum gas filling station for automobiles (hereinafter “instant filling station”).

B. On August 27, 2014, among each of the instant sites, the respective gas stations (hereinafter “each of the instant gas stations”) changed from the gas station site to the commercial site due to the Defendant’s decision on the development plan for an urban development project zone (a change) and implementation plan (a change).

C. Meanwhile, from February 6, 2014 to October 1, 2013, the Plaintiff terminated the lease contract by failing to pay the rent. Accordingly, each of the instant sites was delivered, and the Plaintiff was subject to a lawsuit claiming the transfer of land, etc. to the effect that “the removal of the instant facilities” is “the removal of the instant facilities,” and lost on September 5, 2014, which became final and conclusive around that time, and most of the instant facilities were removed by compulsory execution according to the above judgment around October 2014.

From November 2014, the Plaintiff: (a) from around November 201, each of the instant gas stations was abolished; and (b) requested several times to permit the transfer of the instant gas station to the commercial site; (c) however, the Defendant responded to the effect that the transfer is impossible until March 2015.

E. B on November 12, 2014, the instant charging station facilities were removed to the Defendant.

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