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(영문) 서울행정법원 2017.05.18 2017구합51167
재결취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case history

A. The Seoul Industry Promotion Agency is a person who manages and operates the ETEC exhibition center (hereinafter “instant exhibition center”) which is a temporary building of 2 stories, 11,019 square meters in total area, and 11,019 square meters in place of a use exhibition located on the ground owned by Seoul Metropolitan Government, which is constructed on the ground of 3104 (Large-dong), Nam-gu, Gangnam-gu, Seoul Metropolitan Government (hereinafter “instant exhibition

B. On April 1, 2016, the Plaintiff issued a corrective order to the Seoul Special Metropolitan City Mayor on the ground that the sales was conducted in violation of the purpose of the temporary exhibition site in the instant pre-market. On May 12, 2016, the Plaintiff notified the Seoul Special Metropolitan City Mayor Mayor of the revocation of the order to promote the correction of the Building Act and the notification of the restriction on the use of the temporary building on the ground of the sales act in the

C. On June 29, 2016, the Seoul Industrial Promotion Agency presented the Plaintiff’s opinion, and the Plaintiff notified the Seoul Industrial Promotion Agency head of Seoul Industrial Promotion Agency that it cannot accept the opinion, and issued an order to restrict the use of temporary buildings (the prohibition of selling in the entire market of this case).

On August 12, 2016, the Seoul Industrial Promotion Agency filed an administrative appeal with the Defendant on May 12, 2016, seeking a correction promotion order of violations of the Building Act issued by the Seoul Special Metropolitan City Mayor on May 12, 2016, and revocation of the temporary building use restriction order issued by the Defendant on June 29, 2016.

E. As to the above administrative appeal case on September 9, 2016, the Plaintiff filed an application for challenge against all members of the Defendant on the ground that “the Defendant has already made an adjudication suspected of fairness, and the president of the Seoul Industrial Promotion Agency is the deputy head of Seoul Special Metropolitan City, and the chairman of the Seoul Industrial Promotion Agency and the Defendant is the Seoul Special Metropolitan City Mayor, and it is difficult for the Seoul Industrial Promotion Agency and the Defendant to judge himself/herself as the same body in fact, based on natural legal justice, it is difficult to expect a fair trial.” However, the Defendant’s chairperson on September 19, 2016 is the Defendant’s Article 107(3) of the Constitution and

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