The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. The cancellation or withdrawal of a beneficial administrative act may be allowed only if it is necessary for the important public interest or for the protection of a third party interest that would justify the infringement of the other party’s right of vested interests.

(2) On March 15, 2012, the lower court held that the instant disposition was lawful on the ground that the Defendant’s disposition of revocation of the instant disposition of revocation on the ground that the direct environmental damage is anticipated to occur to nearby housing and Taeduk Special Research and Development Zone after the Defendant issued a construction permit to the Plaintiff for the instant power plant, on the ground that the instant disposition of revocation was rendered against the Plaintiff, on the ground that the environmental damage constitutes a necessity for public interest as much as the Plaintiff would justify the disadvantage that the Plaintiff would incur due to the instant disposition of revocation.

3. However, the above judgment below is hard to accept for the following reasons.

According to the records, the plaintiff acquired relevant real estate including the site of the power plant of this case after receiving the above building permit. It can be seen that 4.3 billion won has been acquired.

The Plaintiff, who trusted the above building permit disposition and acquired the ownership of the above real estate, suffers a disadvantage that the above real estate could not be used for the original purpose if the above building permit disposition is revoked. In light of the purpose of acquisition of the above real estate, acquisition value, etc., it is difficult to view that the above disadvantage

B. Nevertheless, the lower court states that, on the basis of the 2010 Formula test result that the air pollution impact may be affected in neighboring areas, there is a need for public interest to revoke the above building permit disposition on the grounds that the air pollution level and the damage to neighboring residents and their health and living may be increased due to malodor caused by the operation of the instant power plant. The lower court did not specify the degree of air pollution and the degree of damage to neighboring residents and the persons related to the Taeduk Special Research and Development Zone.