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(영문) 광주지방법원 2017.09.28 2017구합10593
학교환경위생정화구역내 금지행위 및 시설해제 불허가처분 취소
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1. On December 21, 2016, the Defendant filed an application with the Plaintiff for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones.

Reasons

1. Details of the disposition;

A. On December 5, 2016, the Plaintiff entered into a contract with C (Co-owner: D, E) to lease the first and second floors of the instant building (hereinafter “instant lease contract”) with a deposit of KRW 50,000,000, monthly rent of KRW 5,500,000, and the term of lease from December 5, 2016 to December 4, 2021 (hereinafter “instant lease contract”).

B. On December 12, 2016, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone (hereinafter “instant application”) to provide entertainment taverns (hereinafter “the instant entertainment taverns”) in the building belonging to the relative Cleanup Zone among school environmental sanitation and cleanup zones of the F High School (hereinafter “instant school”).

C. On December 21, 2016, the Defendant notified the Plaintiff of the result that the instant application would be rejected following deliberation by the School Environmental Sanitation and Cleanup Committee of Maranam-do Office of Education (hereinafter “instant disposition”). D.

On January 10, 2017, the Plaintiff dissatisfied with the instant disposition and filed a motion again to the same effect as the instant application, but on January 23, 2017, the Defendant notified the Plaintiff of the result of refusal to the same effect as the instant disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 on the principle of protection of trust is running business in a number of entertainment taverns and bars in close vicinity to the entrance or boundary line of the instant school rather than the instant building. This is because the Defendant expressed its opinion on the criteria for examination of entertainment taverns in relation to school environmental sanitation and cleanup zones among school environmental sanitation and cleanup zones of the instant school, it is against the Plaintiff who trusted such opinion’s statement of opinion.

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