사업계획승인철회신청 반려처분취소 청구의소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. The defendant's ground of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance.
Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except where the reasoning of the judgment of the court of first instance is stated as follows. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The 5th 14th 14th 2th 2th 2th 5th 14th 2th 2th 2th 3th 2th 2th 3th 3th 3th 3th 4th 4th 4th 5th 4th 5th 4th 5th 4th 5th 10
Paragraph 12 shall be amended to "paragraphs 12 and 14" in the fifth 17 line of the judgment of the first instance.
Each "Revocation" of the 7th 15th 15th and 14th 8th 14th son of the judgment of the first instance shall be subject to each "cancellation or withdrawal".
The following shall be added to the 8th 10 lines of the judgment of the first instance:
【On the other hand, in a case where an administrative agency grants a certain discretion to determine the requirements and effects of a disposition, but the administrative agency made a disposition without weighing the public interest to achieve the remaining disposition that has no discretion, and the content and degree of the disadvantage suffered by the other party to the disposition, such disposition is an exercise of discretion, and itself constitutes an unlawful cause to revoke the relevant disposition due to abuse of discretion (see, e.g., Supreme Court Decision 2017Du38874, Jul. 11, 2019). 8th of the judgment of the first instance court (No. 9).
The following shall be added to the 13 line below the 9th judgment of the first instance:
f) The basic construction structure of the building established on the ground of the instant land by J and D Co., Ltd., the project undertaker of the instant project, together with the instant land at the auction procedure for the Young-gu branch of the Chuncheon District Court.