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(영문) 서울고등법원 춘천재판부 2020.1.20. 선고 2019누564 판결

건축물사용승인신청반려처분취소

Cases

(Chuncheon)Revocation of a return of an application for approval to use a building, 2019Nu564

Plaintiff Appellant

A

Attorney Kang Jong-chul, Counsel for the defendant-appellant

Defendant Elives

Head of a Gun;

Attorney Lee Jae-sung, Counsel for the plaintiff-appellant

The first instance judgment

Chuncheon District Court Decision 2019Guhap50098 Decided May 14, 2019

Conclusion of Pleadings

November 18, 2019

Imposition of Judgment

January 20, 2020

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. The defendant's rejection of the application for approval of use of the building against the plaintiff on July 2, 2018 shall be revoked.

Reasons

1. Quotation of the first instance judgment

The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court, and according to the evidence duly adopted and examined by the first instance court, it is justifiable to find facts in the first instance court and make a judgment. Accordingly, the reasoning of the judgment by this court is the same as the reasoning of the judgment in the first instance, and therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. Conclusion

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

Judges

The presiding judge shall receive the award of merit;

Judges Lee Jae-ho

Judges Yang Yang-soo