A. On October 14, 2013, the Plaintiff filed an application with the Defendant for registration of small automobile maintenance business with the aim of running small automobile maintenance business at 87m2, a Saemaeul-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant land”), 1,640m2, a miscellaneous land (hereinafter “instant land”), and the 1,640m2, a miscellaneous land (hereinafter “instant land”), the 1,640m2, and the 1st floor above the ground and the 4th floor above the ground (hereinafter “instant business establishment”).

B. On October 30, 2013, the Defendant rendered a disposition to return the above application for registration pursuant to Article 53(4) of the Automobile Management Act (hereinafter “instant disposition”) to the Plaintiff on the ground that “the residents nearby the instant place of business are likely to cause hazardous substances in the course of car coloring operations, and are unable to register small-sized automobile maintenance business without a complete resolution of civil petitions.”

[Reasons for Recognition] The parties who intend to run a motor vehicle management business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, with the entries of Gap's 1 and 2, Gap's 3-1, 2, and Gap's 42, and the purport of the whole pleadings.

The same shall also apply where any registered matter is to be changed.

Provided, That this shall not apply where minor matters of registration prescribed by Presidential Decree are modified.

(3) Necessary matters concerning the standards and procedures for the registration of motor vehicle management business under paragraph (1) shall be prescribed by Municipal Ordinance of Seoul Special Metropolitan City, Metropolitan City or Do.

(4) The head of a Si/Gun/Gu may restrict or attach conditions to registration, if it is deemed necessary to consider local characteristics, such as adequate supply scale of motor vehicle management business, traffic, environmental pollution, surrounding conditions, etc. or if it is deemed necessary for public interest.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is of this case.