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(영문) 서울고등법원 2015.03.27 2014누59988

학교환경위생정화구역의상대정화구역지정취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this court’s explanation is as stated in the judgment of the court of first instance, except for addition and modification of the following. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. A third-party decision of the court of first instance concerning addition and modification.

C. (1) At the end of paragraph (1) of this Article, “On the other hand, the straight line from the boundary line of the D’s site to the building boundary line of the instant marina office is equivalent to approximately KRW 172m, and the straight line from the boundary line of D’s site to the entrance of the instant marina office is also included within 200m from the boundary line of D’s site to the entrance of the instant marina office,” respectively, and “No. 4” is added to “No.

The 5th to 7th of the judgment of the court of first instance is from C to C on the one hand, and the 172th to 176th of the straight line from C to the boundary of the building of the instant marina shop, and the Plaintiff applied for the use of all 5 and 6th of the 5th of the instant marina shop as the marina shop, which is located in the relative Cleanup Zone based on C. In addition, even if based on D, the above kindergarten is located at a distance of approximately 172 meters to the boundary of the building of the instant marina shop, and the entrance leading to the said marina shop is located at a distance of less than 200 meters from the above kindergarten, so the instant marina shop of this case is also changed to the facilities located in the relative Cleanup Zone based on D.

3. In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.