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(영문) 서울행정법원 2016.03.04 2015구합10506

시설폐쇄처분취소

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 was donated KRW 50 million from B on March 2001, and leased KRW 50 million to the fourth floor of Dongdaemun-gu Seoul Metropolitan Government C building (hereinafter “instant building”) at KRW 50 million as lease deposit, and thereafter used the said building as the Plaintiff’s National Federation Federation and Seoul Branch office around that time.

B. From March 17, 2011, Nonparty D worked as the president of the Seoul Branch of the Plaintiff Association, and around June 1, 2012, Nonparty D prepared a lease contract with the content that the lessee of the instant building is changed to E, an incorporated association (hereinafter “E”) around June 1, 2012, reverted the above lease deposit amount of KRW 50 million to the above E, and established E on November 9, 2012 with its fundamental property.

(In relation to this, D was sentenced to six months from the Seoul Western District Court on October 23, 2014 for the crime of occupational breach of trust, and D filed an appeal and appeal, but all of which were dismissed, and the judgment was finalized on April 9, 2015).

After confirming that the Plaintiff was no longer located in the instant building, the Defendant issued a corrective order to the effect that, pursuant to Article 15(4) of the Mental Health Act and Article 8(3)2 of the Enforcement Rule of the same Act, the Defendant ordered the Plaintiff to return to the original state by May 20, 2013, on the ground that “the Plaintiff was no longer located in the instant building, if the location of the instant building was altered, it did not report the change, along with the documents proving the change, and violated facility standards due to the destruction of the facility location,” and that “the return to the original state by May 20, 2013,” and that “the return to the original state by May 31, 2014,” on June 12, 2013, respectively, issued a corrective order (the secondj).

On April 15, 2014 and June 2, 2014, the Defendant confirmed that the Plaintiff was not operating the instant building on two occasions, and confirmed that the Plaintiff was no longer leasing the said building on June 19, 2014. On June 23, 2014, the Defendant issued an order for suspension of business on the ground of the Plaintiff’s violation of the corrective order (from June 27, 2014 to July 4, 2014), and issued an order for suspension of business on the ground of the Plaintiff’s violation of the corrective order. < Amended by Act No. 12555, Jul. 8, 2014>