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(영문) 수원지방법원 2017.12.07 2016나77209
손해배상(국)
Text

1. Of the judgment of the court of first instance, the Plaintiff lost against Defendant Gwangju City, which constitutes the following amount of payment.

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff filed a request with Defendant Gwangju-si for an advance ruling on permission to operate a ran tavern business on part of the second floor of the 181.4 square meters of the 2nd floor of the 2nd floor in Gwangju-si (hereinafter “instant building”). On April 28, 2016, the Defendant Gwangju-si notified on the ground that the said 20th floor was not located in the planned management area as a amusement facility under attached Table 20 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and that it cannot be permitted on the ground that the said 2nd floor is not subject to permission to change the purpose of use of amusement facilities under the Building Act.

B. On May 9, 2016, the Plaintiff filed a prior examination on the business license (hereinafter “prior examination request in this case”) of a danran tavern with the name of Dong-si stating that part of 149.76 square meters of the second floor of the instant building (excluding 21.06 square meters of toilets, which are common areas; hereinafter “instant commercial building”) was changed to 128.8 square meters, and Defendant Gwangju-si filed a request for a prior examination on the business license of the danran tavern (hereinafter “instant prior examination request”). around May 17, 2016, Defendant Gwangju-si notified E of the results of the prior examination stating “the National Land Planning Act does not conflict with the time when the total amount of the occurrence of stories is connected to sewage terminal treatment facilities”, “The Building Act does not conflict with other statutes (where the use approval is more than 150 square meters of a danran bar including the common areas for common use, it is required to obtain permission to change the use as amusement facilities).”

C. Defendant B, C, and D (hereinafter “Defendants”) managed the instant prior review request as a food sanitation officer and public official of Gwangju City.

However, according to Article 71 (1) 19 of the Enforcement Decree of the National Land Planning and Utilization Act and subparagraph 1 (d) of attached Table 20, danran bar will be constructed regardless of the size of the planned management area under the National Land Planning and

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