[공중영업장영업허가취소처분취소][공1974.4.15.(486),7780]
Restrictions on cancellation of administrative actions
If the cancellation of an administrative act infringes on the people's vested rights or interests, it shall not be freely revoked, and the public interest needs to be revoked, and the disadvantage or cancellation of the party caused by the cancellation is not revoked, so it shall be decided whether to cancel the administrative disposition by comparing and comparing the impact on the public order.
Article 1 of the Administrative Litigation Act, Article 4 of the Public Bath Business Act
Plaintiff-Appellee et al., Counsel for the plaintiff-appellant-appellee
Attorney Kim Chang-chul, Counsel for the defendant-appellant
Seoul High Court Decision 72Gu96 delivered on October 18, 1972
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal are examined.
The judgment of the court below is justified in its reasoning because the plaintiff who obtained a permit to construct a public bath or house with the first floor above the third floor above the ground of the steel bed, Seodaemun-gu Seoul ( Address omitted) was registered in the house ledger after completing the construction of the underground room and the first floor above the above 6.14th floor, and the registration of preservation of ownership of the building above 8.17th floor above the same year was completed after the permission was completed for the construction of the above building and the second floor and the third floor in the construction of the extended building exceeded the permitted area above 9.13 and 12.17 of the same year, and the construction permit was revoked, and it was issued as an illegal building, and it is hard to conclude that the plaintiff violated the law and order of the public bath because it violated the law and order of the public bath because it is difficult for the administrative agency to freely cancel the permission or order of the public bath even if it did not violate the law and order of the public bath because it did not violate the law and order of the public.
Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-chul (Presiding Justice)