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(영문) 광주고등법원(전주) 2013.01.21 2012누1070
모악산 관광지 조성계획 변경신청 거부처분 등 취소
Text

1. The part of the judgment of the court of first instance that rejected an application for alteration of the plan for the creation of a tourist destination shall be revoked, and that part shall be revoked.

Reasons

1. The court's explanation concerning this part of the grounds for appeal is the same as the corresponding part of the reasoning of the judgment of the first instance. Thus, this part of the grounds for appeal is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

2. Judgment on the main defense (the refusal to apply for change of the creation plan of this case)

A. The defendant asserts that there is no standing to sue to seek revocation of the rejection of the application for modification of the creation plan of this case since there is no legal or logical right to seek alteration of the creation plan of this case against the plaintiff.

As to this, Article 21(3) of the Rules on the entry, management, etc. of the building ledger provides that where the owner of a building finds any error in the entries in the building ledger, he/she may apply for a correction of such error. Thus, the right to apply for a change of the entries in the building ledger is recognized to the Plaintiff. Therefore, the Plaintiff is in a legal position to apply for a change of the entries in the building ledger. The Plaintiff’s refusal to apply for a change of the creation plan in this case may result in the refusal of the change itself in the building ledger

B. The administrative disposition, which is the object of an appeal litigation 1, refers to the act of an administrative agency’s public law, which is directly related to the duty of specific rights of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or directly generating other legal effects. In order for an administrative agency to make a rejection to become an administrative disposition upon receiving a certain application from a citizen, the application shall be an exercise of public authority or an equivalent administrative action, and the refusal shall cause any change in the applicant’s legal relationship.

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