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(영문) 수원지방법원 2017.07.18 2016구합64259

시정명령처분취소

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. The Plaintiff, as a juristic person, is implementing bicycle and motorboat racing with the permission of the Minister of Culture, Sports and Tourism pursuant to Article 4(1) of the Bicycle and Motorboat Racing Act at the 88 Olympic Games Coordination Stast (hereinafter “instant Stast Stast Stast Stast Stast”) located in the 505 Hanam City, as a juristic person, set up a steel frame set up in 2-8, the Ampim Pa Past Past Past Past (hereinafter “the existing middle door of this case”).

B. On November 1, 2002, the Defendant publicly announced the road zone of the road package construction of the road No. 176 no. 176 on the Hanam-Gang River (Notice No. 2002-74 of the Hanam-si), and around March 2004, the Defendant ordered the Plaintiff to voluntarily remove the previous middle door of this case located around the road No. 176 on the ground that it constitutes an illegal advertisement in violation of Article 3 of the former Outdoor Advertisement Control Act (amended by Act No. 7246 of Dec. 23, 2004), and the Plaintiff and the Defendant suffered conflict due to the removal of the existing middle door of this case. On October 30, 2004, the Defendant accepted the facilities including the previous middle door of this case at KRW 123,359,000,000.

C. On October 28, 2006, the Plaintiff set up two steel-frames of the steel-frame, which is a new arched advertisement, such as the list in the attached Table 1 attached hereto (hereinafter “instant heavy text”). D.

After prior notice, on April 12, 2016, the Defendant issued a corrective order (hereinafter referred to as “instant disposition”) to reinstate the middle door of the instant case to the Plaintiff by May 11, 2016 on the ground that the Defendant violated the Act on Special Measures for Designation and Management of Development Restriction Zones. On May 11, 2016, the said corrective period was changed to June 10, 2016.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

The existing Chinese style of this case is proceeding with the Olympic Winter Games.