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(영문) 서울중앙지방법원 2017.04.14 2014가합589034
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a co-owned share holder who holds 1/2 shares of C in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the hotel in this case”) and operates the hotel in this case with Nonparty D and E, and the Seoul Sungdong-dong Office of Education under the Defendant (hereinafter “Defendant-affiliated Office of Education”) issued a rejection disposition against the Plaintiff’s application for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone.

B. 1) On November 12, 2010, the Plaintiff, Nonparty D, and E agreed to operate the hotel business together, and the Seoul Gwangjin-gu Seoul Special Metropolitan City site B (hereinafter “instant site”) from Nonparty F.

(2) On March 201, the Plaintiff, Nonparty D, and E filed an application for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones with the Office of Education under the jurisdiction of the Defendant on April 7, 201, in order to reduce the building built on the instant site and to build a new third underground and eight-story hotel on the ground level.

3. On April 26, 2011, the Office of Education under the defendant's jurisdiction issued a rejection disposition against the above application, and the plaintiff has the same year.

6. On July 27, 201, “The instant site is planned to build tourist accommodation facilities that do not have amusement facilities on the instant site, and the instant site does not fall under school environmental sanitation and cleanup zone because the distance up to 200 meters away from the due date of G elementary school located in the neighboring area,” the Defendant-affiliated Office of Education again applied for the cancellation of prohibited acts and facilities in the school environmental sanitation and cleanup zone. However, the Defendant-affiliated Office of Education rejected the Plaintiff’s application on July 20, 201 on the ground that the instant site belongs to the relative Cleanup Zone (hereinafter “instant disposition”).

4 The plaintiff is a defendant in the Seoul Administrative Court.

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