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(영문) 서울고등법원 2015.02.10 2014누64843

건축허가신청불허가처분취소

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1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is part of the judgment of the court of first instance concerning the plaintiff's argument among the judgment of the court of first instance.

C. 2) The reasoning of the judgment of the court of first instance is as stated in the end of paragraph (2), except for adding the following contents to the end of paragraph (2). As such, the part added as it is pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2. The part added to the part of the defendant [the defendant joining the defendant] is not simply required to undergo deliberation by the Building Committee in a procedural manner, but is required to prepare a civil petition settlement scheme. However, the propriety of the civil petition settlement fire prevention zone is required to be deliberated by the Building Committee. Although the plaintiff submitted a detailed operation plan reflecting the residents' opinions due to insufficient civil petition settlement fire prevention plan as a result of the deliberation by the Building Committee, the plaintiff did not properly implement it, and the disposition of this case was justified, and the permission of this case was for the construction of this case, and the defendant was reflected in the construction plan to secure land, prevent landscape, environmental pollution, and to obtain a consultation with the Building Committee in accordance with Article 57(4) of the National Land Planning Act.