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(영문) 서울행정법원 2015.03.27 2014구합62197
현상변경불허처분취소
Text

1. The Defendant’s application for permission to change the current state of State-designated cultural heritage to the Plaintiff on June 13, 2014 is revoked.

2.

Reasons

1. Details of the disposition;

A. On October 30, 1991, the Minister of Culture (amended by Act No. 5982, May 24, 1999; the Cultural Heritage Protection Act was amended by Act No. 5982, and the Defendant became the permitting authority for the designation and alteration of cultural properties) designated and announced the Seoul Jongno-ro 2, Jongno-gu, Seoul, as private No. 354 square meters (name of cultural heritage: the aggregate park) based on the Cultural Heritage Protection Act.

B. The Plaintiff is the owner of a building for business use of the Jongno-gu Seoul Metropolitan Government 872.7 square meters and the five-story above ground. Of the above land, 262 square meters of the above land (hereinafter “instant land”) are part of the park site designated and publicly notified as a aggregate park as above.

The status shall be as shown in the attached Form.

C. On April 2012 and April 28, 2014, the Plaintiff filed an application with the Defendant for permission to alter the current state of cultural heritage with the purport that two gates with a height of 1.8m high, 42.5m in length and 1.8m in height and 2.1m in width will be installed at the boundary of the instant land and outside land.

On June 13, 2014, the defendant rejected the disposition as follows.

(hereinafter referred to as “instant disposition”): Notice of rejection of the alteration of the current state of State-designated cultural heritage (the installation of fences and gates in Seoul Metropolitan Government Alley Park)

2. The matters applied for permission to change the current state of State-designated cultural heritage to install fences and gates in the cultural heritage zone of Jongno-gu Seoul Metropolitan Government (Seoul Metropolitan Government No. 354) are rejected due to the result of deliberation by the Cultural Heritage Committee (No. 11, 2014), and the matters applied for registration do not comply with the provisions of Article 36 of the Cultural Heritage Protection Act, and thus, notification of rejection is given.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 2, and 10, entry of Eul evidence 1, 14, the purport of the whole pleadings

2. The legality of the instant disposition

(a) as shown in the Attachment of the relevant statutes;

(b)In the case of the aggregate park in the 1st tower park of recognition, the aggregate park is the first park in Korea created in 1897, which is the 10th floor of the 10th square tower of the 18th square tower of the 1897 national flag, the 3th square tower of the table, and the Seoul Metropolitan Government tangible Cultural Heritage.

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