개발제한구역 행위(건축)허가 취소
All appeals are dismissed.
The costs of appeal are assessed against the Defendant’s Intervenor, and the remainder.
The grounds of appeal by the defendant and the defendant assistant intervenor are also examined.
1. As to the legal interest to seek the cancellation of the factory building permit disposition
A. A third party who has filed a revocation lawsuit on the ground that he/she is not the other party to an administrative disposition and is not or is likely to be infringed on his/her environmental interest by the administrative disposition is recognized as standing to sue to prove that his/her environmental interest is individually and specifically protected under the relevant laws and regulations or relevant laws and regulations (see, e.g., Supreme Court Decision 2006Du14001, Dec. 22, 2006). In addition, the latter part of Article 12 of the Administrative Litigation Act provides that “Where a person has a legal interest restored due to the cancellation of the disposition, etc. even after the effect of the disposition, etc. is extinguished due to the lapse of the period, the execution of the disposition, etc., or any other cause, even after the effect of the disposition is extinguished, a revocation lawsuit may be instituted where the protection
In determining the necessity for the protection of rights in a specific case, in light of the purport of Article 27(1) of the Constitution guaranteeing the citizens’ right to a trial and the purpose of the Administrative Litigation Act to effectively relieve infringement of rights due to administrative disposition, etc., the request to remedy the infringement of rights should be taken into account not only the cases where the existence of administrative disposition actually infringes on the rights and interests of the citizens, but also where there
(See Supreme Court en banc Decision 2003Du1684, Jun. 22, 2006). Therefore, in a case where a disposition remains effective, barring any special circumstance, the need for the protection of rights to file a revocation suit to eliminate practical risks that are actually infringed or may be infringed upon due to the existence of the disposition is recognized.