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(영문) 부산고등법원 2017.03.22 2016누22414
건축허가신청반려처분취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reason why the court has used this part of the disposition is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. In accordance with Article 50 of the former Tourism Promotion Act (wholly amended by Act No. 8343, Apr. 11, 2007; hereinafter the same) on May 24, 2006, the Mayor of Busan Metropolitan City designated the “143,800 square meters per day, No. 205, No. 205, Jun. 24, 2006,” and publicly announced it as the “FID tourist destination”, pursuant to Article 50 of the former Tourism Promotion Act.

(Public Notice of Busan Metropolitan City No. 2006-197). The defendant applied to the Busan Metropolitan City Mayor for the approval of the plan for the creation of a tourist destination in relation to the project for creating a tourist destination, and the Busan Metropolitan City Mayor approved the creation plan on January 24, 2007 and publicly notified it, in accordance with Article 52 of the former Tourism Promotion Act.

(Public Notice No. 2007-57). According to the above Public Notice No. 2007-57, the project implementer of the project to create the Yongsan Dak Dak Tourist Tourist was the defendant, and the project period was from 2006 to 2008.

B) The Defendant was approved by the head of Busan Metropolitan City on January 24, 2007 by the development plan, but failed to commence the project. The Defendant did not start the project as the Busan Metropolitan City Mayor’s announcement No. 2008-196 of May 28, 2008, the Busan Metropolitan City’s announcement No. 2009-476 of December 23, 2009, and the Busan Metropolitan City’s announcement No. 2012-496 of December 28, 201, which extended the project period by December 28, 2011 under the Busan Metropolitan City’s announcement No. 2012-496 of the Busan Metropolitan City’s announcement No. 2014-29 of January 22, 2014, which extended the project period by November 30, 2014, and the head of the Busan Metropolitan City’s announcement No. 2516, May 21, 2014>

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