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(영문) 대구고등법원 2020.01.17 2019누3873
개발행위허가 불가처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the plaintiffs as to the following allegations, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiffs’ assertion 1) The purpose of the instant application is to contribute to building a sound industrial structure through the sound development of small and medium enterprises by promoting the establishment of small and medium enterprises and laying the foundation for their growth (Article 1 of the Support for Small and Medium Enterprise Establishment Act). Therefore, in examining the application for approval of the project plan under the Support for Small and Medium Enterprise Establishment Act, the purpose of the Support for Small and Medium Enterprise Establishment Act should be fully reflected. However, the Defendant abused and abused discretion by rendering the instant disposition without considering the intent of the Support for Small and Medium Enterprise Establishment Act, which is the basis of the instant application for approval, without considering the purport of the Support for Small and Medium Enterprise Establishment

However, the Yeongdeungpo-si Urban Planning Committee has conducted deliberation in violation of the operating principles prescribed by the Local Urban Planning Committee established by the Ministry of Land, Infrastructure and Transport, and the result is not reasonable.

Nevertheless, as the Defendant was virtually subordinate to the deliberation opinion of the Urban Planning Committee in Youngcheon-si, and avoided the exercise of its discretionary power, the instant disposition has a deviation from and abuse of discretionary power.

B. 1) According to the Support for Small and Medium Enterprise Establishment Act, a founder of a small and medium enterprise who intends to engage in a manufacturing business shall obtain approval from the head of the Si/Gun/Gu (Article 33(1)), and the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) when approving a business plan.

Article 56 (1).

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