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(영문) 서울행정법원 2014.02.13 2013구합21038
옥외광고물설치허가보류처분취소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 6, 2003, the Plaintiff obtained permission from the Defendant to install a rooftop signboard on the rooftop of a building A located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “Permission Standards: 14.7m wide, 14.7m wide, 8.0m wide, advertisement contents: commercial and public advertisement, lighting: LE electronic sign board. After obtaining permission, the period of permission for extension was from March 6, 2012 to March 5, 2015.

B. When the Plaintiff newly constructed a new building on the right side of the above building and the above rooftop signboard was set up, the Plaintiff removed the above rooftop signboard around August 2012, and thereafter filed a civil petition requesting the Defendant to allow the Defendant to move the rooftop signboard to the rooftop of the building located in Gangnam-gu Seoul. However, on September 13, 2012, the Defendant responded to the purport that the change of the location to another place for outdoor advertisements constitutes a new installation.

C. After that, on October 18, 2012, the Plaintiff filed an application with the Defendant for permission to install a rooftop signboard (hereinafter “instant rooftop signboard”) on the rooftop of the building located in Gangnam-gu Seoul Metropolitan Government, Seoul: 14.4m wide, 9.4m wide, and advertisement content: Commercial advertisement and public advertisement advertisement (hereinafter “instant rooftop signboard”). On October 19, 2012, the Defendant issued a provision on the designation and standard strengthening of a specific zone in the Seoul Metropolitan Government Ordinance on Outdoor Advertisements, etc. Control based on Article 3(1)1 and Article 4(2) of the Outdoor Advertisements, etc. Control Act, and Article 25(3) of the Enforcement Decree of the Enforcement Decree of the Outdoor Advertisements, etc. Control Act, but in order to implement the provision, the Seoul Metropolitan Government announced the scope of the specific zone and the strengthening of the method of displaying the Plaintiff’s application on the ground that the Plaintiff’s new rooftop signboard is not installed due to a relationship that has not been published

On the other hand, on March 21, 2013, the Seoul Special Metropolitan City Mayor published the Seoul Special Metropolitan City Public Notice of Designation and Display Restriction of Outdoor Advertisements, etc. (Public Notice No. 2013-81, Seoul Special Metropolitan City Public Notice No. 201, No. 2010, Mar. 21, 2013.

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