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(영문) 서울행정법원 2016.01.22 2015구합70270
현상변경등 불허가처분 취소의 소
Text

1. On June 18, 2015, the Defendant’s rejection of the alteration of the present state of the surrounding State-designated cultural heritage by the Plaintiff shall be revoked.

2...

Reasons

Details of the disposition

On July 5, 2010, the Defendant designated “C” located on the ground B in Seongbuk-gun, Seongbuk-gun (hereinafter “instant cultural heritage”) as a movable property D, which is a State-designated cultural heritage. In order to protect the instant cultural heritage, the Defendant designated 20 lots around the instant cultural heritage as a cultural heritage protection area.

The Plaintiff, the owner of the building at the seat of 8, such as the Gyeong-gun, Seongbuk-gun, E (hereinafter referred to as the “instant site”) and the F hotel main building on the ground, and the building at the seat of the F hotel, is the owner of the building at the seat of the F hotel, in excess of 963.81 square meters in total floor area exceeding 1,492.95 square meters and exceeding 2,456.76 square meters in height exceeding 5.2 meters in height (4 square meters), and the building at the seat of 2,437.42 square meters in total floor area permitted to extend the building at the seat of the F hotel, and the building at the seat of 2,547.47 square meters in total, more than 1,10.5 square meters in total area permitted to extend the previous building at the seat of 3,547.7 meters in height (3rd) and the building at the seat of 201.25 meters in height (4.25 meters in height).28

(hereinafter “instant application”). On June 18, 2015, the Defendant rejected the Plaintiff’s instant application as a result of deliberation by the Cultural Heritage Committee on June 18, 2015, which is likely to undermine the historical and cultural environment. The Defendant rejected the disposition of denying the alteration of the current state of State-designated cultural heritage on the ground that it does not meet the standards for permission under Article 36 of the Cultural Heritage Protection Act.

(2) Article 35(1) of the Cultural Heritage Protection Act provides that “The State-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-designated cultural heritage-related cultural heritage-related cultural heritage-related cultural heritage-related cultural heritage-related cultural heritage-related cultural heritage-related cultural

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