The case holding that a corrective order issued to the owner on the ground that the use of a general amusement restaurant is a deviation from discretion, since a public bath facility was changed without permission by an administrative agency after the public bath facility was installed in 100 million won as a business license for bathing business without any change in the use under the Building Act due to an error by a public official in charge.

The case holding that in light of all the circumstances such as the fact that Gap's use among the plaintiff's owned buildings is both amusement facilities under the Enforcement Decree of the Building Act and the damage caused by the removal of facilities is greater than the necessity of public interest to be achieved by the corrective order, and thus, the above disposition is a violation of law that deviates from the discretionary power, since it is much more unfavorable for the plaintiff et al., as the plaintiff et al., were affected by the need for public interest to be achieved by the corrective order, since Gap's business was operated by making public bath facilities with approximately KRW 100 million and operated public bath business without any change in the purpose of use under the Public Health Act.

Articles 42 and 48 of the Building Act, Article 27 of the Administrative Litigation Act

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant)

[Judgment of the court below]

The head of Gangseo-gu Seoul Metropolitan Government

Seoul High Court Decision 90Gu8468 delivered on November 29, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the plaintiff owned the building on the ground of Gangseo-gu Seoul Metropolitan City ( Address omitted) and the 4th floor above the general residential area for urban planning and operated a tourist hotel with 50 guest rooms after completing the registration of tourist business under the Tourism Promotion Act with the trade name of 00 ○○○. The non-party, on March 2, 1989, obtained a business license for a combined bath business from the defendant for the above 198.67 square meters among the 198th floor of the above building and received a business license for a general amusement restaurant for the above 100 million won for the purpose of using the above 19. The court below's determination that the above part of the above 1st floor was erroneous in the misapprehension of legal principles as to the above 100 million won for the public bath business without permission for the above 1989. The court below's order for correction of the above 1st floor and its removal of the above 1977 square meters of the above 1989.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)