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(영문) 전주지방법원 2017.01.19 2016구합1384
시정명령처분 취소청구의 소
Text

1. The Defendant’s corrective order issued to the Plaintiff on May 4, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On May 18, 2015, the Plaintiff (hereinafter “instant store”) operates a food restaurant (hereinafter “instant store”) from May 4, 2016 by changing the name of business from the trade name of “E” after acquiring a food service business (general restaurant) of the name “D” located in Ysan-gu Seoul Special Metropolitan City, and completing the report of succession to the status of business.

On the other hand, the store of this case is located in G district of the Jeonju Urban Management Planning (G District Unit Planning Zone) publicly announced as F publicly announced on November 15, 201 at the Jeonju-si.

B. On May 4, 2016, the Defendant issued a corrective order (hereinafter “instant disposition”) pursuant to Article 133(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) to the Plaintiff on the ground that the Plaintiff used the instant store for a non-use (public cooking and sale) in the district unit planning.

C. On November 18, 2013, the Jeonju City announced as of November 18, 2013, the Jeonju City determined the Urban Management Planning (G Area District Unit Planning and Planning) and announced the approval of topographic drawings (hereinafter “instant notification”), and among which the content relating to the instant case is as follows:

Common matters applicable to I districts, J districts, K districts, and G districts;

3. Non-permission purpose (the non-permission purpose shall take precedence over the permitted purpose);

(b) From among general restaurants of Class II neighborhood living facilities under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act (2) that fall under any of the following (a), a restaurant that cooks and sells foreign food, such as daily food service (a), heavy food service, or (b) a restaurant that prepares and sells food in the form of overseas food, which is combined with foreign food, has no dispute over a restaurant [based on recognition]; entries in subparagraphs A1 through 3, and in subparagraph 3 (including the number of branch offices for those with virtual numbers); and the purport of the whole pleadings:

2. Whether the instant disposition is lawful

A. According to the plaintiff's assertion 1, the defendant's assertion 1 procedure prior notice and submission of opinion as stipulated in the Administrative Procedures Act when the defendant makes the disposition of this case.

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