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(영문) 대법원 1983. 10. 11. 선고 83누389 판결
[영업허가취소처분취소][공1983.12.1.(717),1671]
Main Issues

Whether or not the revocation of the disposition of permission for the inn business and the abuse of discretionary power acquired by fraud

Summary of Judgment

In addition to the violation of the Building Act and the application for a business license, if a business license was obtained by a fraudulent method, the revocation of the business license in order to correct the violation of the requirements of the public interest, with the false certificate of the site ownership and the false certificate of the alteration of the purpose of the use of the building, the loss of the cost equivalent to 10 million won incurred in the care of the guest room should be borne, and even if another woman operates the business in the same region or there is a business license for another person thereafter, the above disposition of revocation of the business license cannot be viewed as an abuse of discretion.

[Reference Provisions]

Article 1 of the Administrative Litigation Act, Article 4 of the Lodging Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Attorney Seo-gu et al., Counsel for the defendant-appellant

Judgment of the lower court

Seoul High Court Decision 82Gu699 delivered on May 23, 1983

Judgment of remand

Supreme Court Decision 81Nu67 Decided July 27, 1982

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

On October 19, 197, the court below's decision that the plaintiff operated the accommodation business with 32 square meters of 1,000 square meters of 1,00,000 and 1,000 square meters of 2,00,000 won of 2,000,000 won of 30,000 won of 2,000,000 won of 32,000,000,000 won of 2,000,000,000 won of 3,000,000,000 won of 1,000,000,000,000 won of 1,00,000,000,00,000 won of 1,00,000,00,000,00,00,000 won of 3,00,00,00,00.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)

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