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(영문) 부산고등법원 2019.4.17.선고 2018누23473 판결

공유수면매립면허효력회복신청반려처분취소

Cases

2018Nu23473. Revocation of revocation of revocation of an application to reinstate the effects of public waters reclamation license

Plaintiff Appellant

A Stock Company

Attorney Sung-he et al., Counsel for the defendant-appellant

Defendant Elives

Busan Regional Maritime Affairs and Fisheries Office

The first instance judgment

Busan District Court Decision 2018Guhap20765 Decided September 20, 2018

Conclusion of Pleadings

March 20, 2019

Imposition of Judgment

April 17, 2019

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. On December 20, 2017, the Defendant’s rejection of the application filed against the Plaintiff for the restoration of the effect of the reclamation license is revoked.

Reasons

1. Quotation of the first instance judgment

The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, and thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, the senior judge;

Revision of Judges

Judges Ooman