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(영문) 대전고등법원 2014.04.03 2013누1780
행정대집행계고처분 무효확인등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The main claim and the conjunctive claim are examined together.

1. The court's explanation concerning this part of the reasons for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part of the reasons are cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the disposition of this case is unlawful on the grounds that the defects are serious and obvious, and the plaintiff primarily sought confirmation of invalidation and sought revocation of the disposition.

1) At the time of the Plaintiff’s installation of the electronic display board of this case without any grounds for disposition, C shopping malls (hereinafter “C shopping malls”).

A) Through the foregoing, the Defendant requested the Defendant to cooperate with respect to the installation of the instant electronic sign board, and the Defendant respondeded to the effect that it is possible to install the instant sign board for public interest purposes. The Defendant’s response to the request for cooperation in the installation of the commercial sign board constitutes a substantive permission. As such, the instant disposition based on the premise that the instant electronic sign board is an unauthorized permission is unlawful due to the absence of the grounds for the disposition. (ii) Even if the Defendant violated the doctrine of forfeiture or the principle of trust protection, the Defendant’

Even if the plaintiff set up the electronic display board of this case in trust to the effect that it is possible to install the electronic display board of this case, and the defendant requested the removal of the electronic display board of this case for more than three years, but it is against the doctrine of forfeiture of rights or the principle of protection of trust, where the plaintiff puts the instant disposition on the ground that the electronic display board of this case constitutes an unauthorized electronic display board.

The plaintiff who violated the principle of proportionality and deviates from or abused discretionary power has installed the electronic display of this case.

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