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(영문) 서울행정법원 2016.09.08 2016구합53494
학교환경위생정화구역내금지행위및시설해제거부처분취소
Text

1. The Defendant’s prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone against the Plaintiff and B on September 11, 2015.

Reasons

1. Details of the disposition;

A. From September 2, 2003, the Plaintiff and the Plaintiff’s husband B (hereinafter “Plaintiff, etc.”) owned 1/2 shares of each of the land in Jung-gu Seoul and the building on the fourth floor area above the land from September 2, 2003, and extended the building above to the building on the sixth floor size around 2014, and completed the registration of change of indication on March 7, 2014.

(hereinafter referred to as “instant building”). B.

Plaintiff

On August 26, 2015, etc. revealed that the Defendant would engage in the tourist hotel business in the name of “D tourist hotel” in the instant building, and filed an application for school environmental sanitation and cleanup zone and prohibited acts and cancellation of facilities (hereinafter “instant application”). On September 11, 2015, the Defendant notified the Plaintiff, etc. of the result that the instant building refused the instant application on the ground that the instant building was located 184 meters, 172 meters, and 116 meters, respectively, from the entrance and boundary line of the E elementary school, from the entrance and boundary line of the E elementary school (hereinafter “E elementary school”).

(hereinafter “instant disposition”). C.

On September 17, 2015, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Seoul Metropolitan Office of Education Administrative Appeals Commission, but the said claim was dismissed on December 8, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant did not state specific grounds for rejection in the instant disposition. There were procedural errors in violation of the duty of presentation of reasons under the Administrative Procedures Act. 2) The instant disposition is a procedural violation of the duty of presentation of reasons under the Administrative Procedures Act. The instant building and each of the instant schools are the 4th lines road road between the instant building and each of the instant schools, and there are high-rise buildings among them, and thus, the education environment of the students of each of the instant schools cannot view the instant building at each of the instant schools.

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