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(영문) 서울행정법원 2016.04.21 2015구합12342
자동차관리사업등록신청반려처분취소
Text

1. On October 23, 2015, the Defendant’s disposition of accepting an application for registration of automobile management business against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On October 12, 2015, the Plaintiff filed an application for registration of automobile management business (hereinafter “instant application for registration”) with the Defendant on October 12, 2015, in order to conduct a comprehensive automobile maintenance business in the Gangseo-gu Seoul Metropolitan Government Building No. 1,266.8 square meters and its ground buildings (hereinafter “instant business establishment”).

B. On October 23, 2015, the Defendant: (a) collected opinions from 22 residents residing in the neighborhood of the instant place of business on the grounds that “The Defendant opposed to the registration of the instant application on the grounds that there is concern about the aggravation of the residential environment due to noise, dust, malodor; (b) the residents filed a civil petition with the same purport; and (c) the instant place of business is adjacent to multi-family housing, and thus, there is a concern that the quality of life of the residents due to the aggravation of the residential environment might be deteriorated; (d) the instant application for registration was rejected on the grounds that the instant place of business is registered excessively by 89

(hereinafter “Disposition in this case”). / [Ground for recognition] without dispute, Gap evidence No. 1, Gap evidence No. 3-1, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant place of business had operated a glass plant, and thus, the Plaintiff’s comprehensive automobile maintenance business would deteriorate the residential environment of the residents by conducting a comprehensive automobile maintenance business is merely a vague trend without specific verification or verification.

The Plaintiff is expected to improve the aesthetic view by repairing the building of the instant place of business, and the relevant legal standards are established, and measures to prevent noise, dust, malodor, etc. are also prepared.

The gathering of opinions by the Defendant on October 21, 2015 is merely a simple civil petition that does not undergo a specific verification of the civil petition of 189 residents. The gathering of opinions by the residents on October 21, 2015 is merely a mere expression of opinions by only 22 residents.

In addition, the entrance of the workplace of this case is installed.

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