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(영문) 부산고등법원 2016.04.22 2015누23922
학교환경위생정화구역내금지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 31, 2011, the Plaintiff filed an application with the Defendant for the cancellation of a prohibited act and a facility in the school environmental sanitation and cleanup zone on the part of 145 square meters in the fourth floor of the instant building located in the relative Cleanup Zone among the school environmental sanitation and cleanup zone of C, with the business type as a danran bar. The Defendant issued the first cancellation disposition on September 19, 201 (hereinafter “first cancellation disposition”) following deliberation by the school environmental sanitation and cleanup committee.

B. In other words, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone by setting the type of business with respect to the whole area of the fourth floor of the instant building as an entertainment tavern, and the Defendant issued a cancellation disposition on November 10, 201 after deliberation by the School Environmental Sanitation and Cleanup Committee (hereinafter “the second cancellation disposition”).

C. In addition, on October 23, 2012, the Plaintiff filed an application with the Defendant for the prohibition of school environmental sanitation and cleanup zone and the cancellation of facilities within the school environmental sanitation and cleanup zone with the type of business located in the area of 137.43 square meters (excluding the A portion) of the fourth 255.36 square meters of the instant building (hereinafter “B”) among the fourth 255.36 square meters of the instant building, but the Defendant rejected the Plaintiff’s application on November 6, 2012, deeming that it adversely affects the study and school health and sanitation of the students of C schools following deliberation by the School Environmental

Accordingly, on November 12, 2012, the Plaintiff filed an administrative appeal with the Busan Metropolitan Office of Education Administrative Appeals, and on January 15, 2013, filed a lawsuit seeking revocation of the disposition of refusal with the Busan District Court 2013Guhap551 on February 5, 2013.

Before July 12, 2013, the above court accepted the Plaintiff’s claim against the Plaintiff on July 12, 2013, on the fourth floor of the instant building, for the following reasons: (a) the Plaintiff was released from prohibited acts, etc. on the business of danran, etc.; and (b) the use of B portion was already changed into the second class neighborhood living facilities in the North-gu Office, thereby violating the principle of trust protection.

hereinafter referred to as "previous...."

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