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(영문) 의정부지방법원 2018.06.26 2017구합13771
계고처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff’s mother owns a flat-gun B large 822 square meters (hereinafter “instant land”) and a lifelong roof of the general steel structure on the above ground (hereinafter “instant building”). From June 11, 2015, the Plaintiff is operating a restaurant with the trade name “D” on the second floor of the instant building from around June 2015.

C Around September 2015, around September 2015, the Defendant filed a report on the construction of a structure for the purpose of installing an advertising board (12m in length of the general steel structure, 7.7m in height) on the instant land, and the Defendant issued a certificate of completion of construction report to C on September 25, 2015.

The Plaintiff installed a structure on the instant land 12 meters wide, 6 meters high, and 7.7 meters high, and installed on the said structure an advertisement board that posts the Plaintiff’s business advertising contents, such as the phrase “D” and photographs (hereinafter “instant advertisement”).

On June 16, 2017, the Defendant issued a voluntary order for removal of illegal outdoor advertisements and an order for guidance (hereinafter “instant disposition”) with the purport that “The instant advertisements shall be removed, etc. in violation of Article 3 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry (hereinafter “Outdoor Advertisement Act”) and take measures, such as removal, etc. pursuant to Article 10 of the said Act, by July 6, 2017.”

[Reasons for Recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case by the Plaintiff’s assertion as to the facts without dispute, the entries in Gap’s evidence Nos. 1 and 5, and the purport of the entire pleadings, explained that a public official belonging to the Defendant issued a certificate of report on the construction of structures for the advertisement of this case, and explained that the advertisement board should be installed as stated in the certificate of report completion, and did not notify at all the fact that a separate

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