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(영문) 서울행정법원 2020.11.12 2020구합65401
연장허가신청 반려처분 취소
Text

1. The rejection of the application for permission for extension of outdoor advertisements (on the front side of the wall) filed by the Defendant against the Plaintiff on April 9, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 6, 2010, the Defendant permitted the display of a street-type outdoor advertisement (a) (a) on the outer wall of the fourth and fifth floor of the Gangnam-gu Seoul Building (hereinafter “instant building”) (18m, 38m, 400) (hereinafter “instant advertisement”) on the outer wall of the fourth and fifth floor, and the display period was extended by March 31, 2018 by permitting the extension of the display period on December 1, 2013 and September 23, 2016.

B. On December 24, 2016, the Plaintiff acquired the status of the advertiser of the instant advertisement, and obtained a certificate of permission for displaying outdoor advertisements, etc. from the Defendant.

On January 1, 2017, the Plaintiff entered into a lease agreement with the managing body of the instant building and the term of lease to lease KRW 5 years from January 1, 2017, monthly rent of KRW 16,00,000 to install and operate the instant advertisement (hereinafter “instant lease agreement”).

C. On March 30, 2018, the Plaintiff requested the Defendant to extend the display period of the instant advertisement.

(Period from April 1, 2018 to March 31, 2021). D.

On April 3, 2018, the Defendant rejected the Plaintiff’s application on the ground that “The permission for display of the instant advertisements is in accordance with the previous announcement (Public Notice 2013-81 of Seoul Special Metropolitan City), and the display period under the previous announcement has expired on March 31, 2018, pursuant to the transitional provisions of the Seoul Special Metropolitan City Public Notice on Outdoor Advertisements, etc.’ (Public Notice 2017-490 of Seoul Special Metropolitan City Notice).”

On November 26, 2018, the Seoul Special Metropolitan City Administrative Appeals Commission’s disposition revoking the return on April 3, 2018 by the Defendant on the ground that “it is difficult to view the abolition of the previous announcement to the purport to prohibit the extension of the display period of the instant advertisement, and it is necessary to make a lawful disposition again by examining whether the Plaintiff’s application for extension of display period violates any statute, or whether the Plaintiff’s application for extension of display period is necessary for important public interest interest.” The Defendant filed an application on March 30, 2018 by the Plaintiff.

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