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(영문) 광주고등법원(전주) 2016.02.01 2015누849

건축허가신청반려처분취소

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following points to the witness K's testimony and the witness's testimony at the court of first instance on the ground of the recognition of the fourth and second parts of the court of first instance among the judgment of the court of first instance, and subsequent to the fifth and seventh parts of the judgment of the court of first instance, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the

2. An additional part argues to the effect that the public interest, such as the improvement of the surrounding environment and the expansion of accommodation facilities in Kim Jong-si, can be achieved through the new construction of accommodation facilities in this case, while the effect of the cancellation of the disposition in this case on the surrounding educational environment and residential environment is minor. However, it is difficult to view the public interest effect due to the cancellation of the disposition in this case as being less than that on the educational environment of students in the case of the applicant in this case or on the residential environment of the neighboring residents, and further, the Defendant’s discretion, an administrative

3. In conclusion, the plaintiffs' claims should be dismissed as they are without merit, and the judgment of the court of first instance is justified, and the plaintiffs' appeals are dismissed as they are without merit. It is so decided as per Disposition.