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(영문) 대전지방법원 2015.07.01 2014구합4025
학교환경위생정화구역내금지행위 및 금지시설해제거부처분취소
Text

1. The Defendant’s prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone against the Plaintiff on August 27, 2014.

Reasons

1. Details of the disposition;

A. On August 18, 2014, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone for running a singing practice room business on the second floor of the instant building.

(hereinafter “instant application”). (b)

On August 27, 2014, after deliberation by the School Environmental Sanitation and Cleanup Committee, the Defendant rendered a disposition prohibiting the Plaintiff from denying the application of this case.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Although the administrative agency omitted the reasons and grounds of the disposition presented at the time of the disposition, the Defendant stated only the result of rejection in the disposition while rendering the disposition, and omitted entry of the reasons for the disposition. Thus, the disposition of this case is unlawful. (2) The building of this case, which deviates from and abused discretion, is located 157 meters away from the entrance, 152 meters away from the entrance, and 152 meters away from the boundary line, and 152 meters away from the entrance, and the building of this case is located a four-lane center between the school of this case and the building of this case, and the building of this case does not seem to have the building of this case. The building of this case does not have an impact on the student’s learning environment because it is not located as the principal school of the school of this case, and the building of this case is located around the commercial area, and there are 30 prohibited facilities such as entertainment tavern, singing practice room, and billiard room, etc.

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