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(영문) 대법원 2021.01.14 2020두46004
주택건설사업계획승인 취소신청에 대한 거부처분 취소 청구의 소
Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant assistant intervenor.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court is in a legal position to seek revocation of approval of the instant business plan against the Plaintiff, Inc. (hereinafter “E”).

The decision was determined.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the disposition subject to an appeal, the eligibility of the Plaintiff, etc., as alleged in the grounds of appeal.

2. On the third ground of appeal

(a) A disposition authority that has conducted an administrative act may withdraw it by a separate administrative act that would lose its effect where there was no particular defect at the time of the disposition, and there was no separate legal ground for the withdrawal thereof, but there was no change in circumstances making it unnecessary to continue the original disposition, or where there was a need for significant public interest.

However, in case of cancellation, withdrawal, or suspension of a beneficial administrative act, it would infringe upon the people's vested rights, and thus, there is a reason for cancellation, etc.

Even if the exercise of the right of cancellation, etc. requires the protection of the necessity of the important public interest or the interests of a third party to justify the infringement of the right of vested interests, and when comparing and comparing the disadvantages that the other party receives, the need for the public interest, etc. may be permitted only where it is strong enough to justify the disadvantage that the other party may suffer (see Supreme Court Decision 2014Du41190, Mar. 15, 2017, etc.). (b) Housing Act (amended by Act No. 11871, Jun. 4, 2013; hereinafter “Revised Housing Act”) Articles 3 and 1 of the Addenda of the Housing Act (hereinafter “Revised Housing Act”) provide that the amended provisions of Article 16(12)2 and 3, etc. of the former Act on the revocation of approval of a business plan shall be applied for the first business plan after December 5, 2013, which was its enforcement date, from March 15, 2013.

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