문화재보호구역지정해제거부취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this part of the disposition are the same as the reasons for the judgment of the court of first instance. Thus, the reasons for this part are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the defense prior to the merits
A. The Defendant’s assertion does not have the right to file an application for the cancellation of the designation of a cultural heritage zone with respect to the land of this case, and thus, even if the Defendant rejected the Plaintiff’s above application, the refusal disposition does not constitute a disposition subject to appeal litigation.
B. Determination 1) The Cultural Heritage Protection Act (hereinafter “Act”)
The purpose of Article 1 of the Act is to promote the cultural improvement of the people and contribute to the development of human culture by transferring national culture through the preservation of cultural heritage and allowing its utilization (Article 1 of the Act). In a case where the designated cultural heritage loses its value as a cultural heritage or needs to be cancelled through the valuation of its value, the designation may be cancelled after deliberation by the Cultural Heritage Committee (Article 31(1) of the Act). Article 31(5) and Article 28 of the Act provides that the purport of the designation and cancellation of cultural heritage shall be publicly notified in the Official Gazette and without delay to the owner of the relevant cultural heritage (Article 16 of the Enforcement Decree of the Act). In determining the grounds for revocation of the designation of cultural heritage, there is room to consider not only the public interest of the preservation of cultural heritage, but also the individual disadvantage caused by the designation of cultural heritage. On the other hand, if one’s own property, land, etc. is designated as cultural heritage, the owner may not export it overseas (Article 35 of the Act), nor take it out of the Republic of Korea (Article 40).