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(영문) 울산지방법원 2016.04.21 2015구합6655
학교환경위생정화구역내금지행위등해제신청거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Ulsan Heavy-gu, B and six parcels are located in the entrance and exit of C Elementary School (hereinafter “C second”) and 162.6m from the boundary line to the 153.34m in a straight line.

B. On December 1, 2014, the Plaintiff newly constructed and operated a 6th floor and a total floor area of 1,99 square meters on the said site (hereinafter “the instant inn”), and applied for prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone (hereinafter “ Cleanup Zone”) to the Defendant on December 1, 2014, and the Defendant, following a deliberation by the School Environmental Sanitation and Cleanup Committee (hereinafter “ Cleanup Committee”), issued conditional cancellation (hereinafter “prior cancellation disposition”).

C. The Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in the Cleanup Zone on the said 7th and the 8th floor area, which had been an existing 6th floor, on October 13, 2015, while extending the said 8th floor area (the additional 7,8th and the 909.16th floor area). However, the Defendant issued a disposition rejecting an application for the prohibited acts and cancellation of facilities on October 28, 2015 following deliberation by the Cleanup Committee (hereinafter “instant disposition”).

On November 5, 2015, the Plaintiff applied for adjudication on the instant disposition to the Ulsan Metropolitan City Office of Education Administrative Appeals, but was dismissed on December 21, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 10, 11, 12, 15, 16, Eul evidence Nos. 1, 6 through 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is located at a distance exceeding 200 meters from C beginning, and is not included in the Cleanup Zone.

Even if so, the defendant's disposition of this case is not well visible at the beginning of C, and even if seen, only part 7,8 stories can be seen as part of classrooms.

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