(영문) 부산고등법원 2015.04.03 2014누22946

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(영문) 부산고등법원 2015.04.03 2014누22946

행위 및 시설금지처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. The key issue of the instant case was that the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone to change a singing practice room to an entertainment tavern while running a singing practice room on the second floor of the instant building located within the school environmental sanitation and cleanup zone of B, but the Defendant rejected the said application (hereinafter “instant disposition”) following deliberation by the school environmental sanitation and cleanup committee on March 6, 2014.

The key issue of this case is whether the disposition of this case was an abuse of discretion.

B. The court of first instance held that: (a) according to the result of the survey on cadastral status, the building of this case is located in the relative Cleanup Zone because there are about 205 meters in a straight line from the entrance of the middle school, about 190 meters in a straight line from the boundary line; and (b) even if there are many entertainment taverns in the vicinity of the building of this case, they are located in the relative Cleanup Zone; and (c) since there are singing practice rooms within the relative Cleanup Zone only within the relative Cleanup Zone, it is difficult to deem that the disposition of this case is in violation of equity; and (c) the building of this case is in contact with the road leading to the entrance and door of the middle school of this case and goes to the vicinity of the boundary line of the middle school of this case, many students may attend the building of this case, and if the building of this case is conducted with entertainment tavern business, it can be said that there are many problems in protecting school health, sanitation, and learning environment; and (d) the principal of the middle school of this case may give respect to the principal of this case.

유사 판례

-울산지방법원 2014.10.16 2014구합759

-서울행정법원 2015.08.20 2015구합52142

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-서울행정법원 2015.09.10 2015구합53862

-부산지방법원 2016.06.23 2016구합57