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(영문) 서울고등법원 2018.07.11 2017누88673

건축허가취소처분취소

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1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except where the judgment on the grounds for appeal by the plaintiffs is added as set forth in the following paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

For the following reasons, Plaintiff A’s assertion of the grounds for appeal by the Plaintiffs that the instant building permit was not “any false or other unlawful means.”

Since the Defendant did not have prepared detailed criteria for examining an application for a permit to construct a village common ditch, common workplace, and agricultural machinery storage warehouse in the name of a village council, the Defendant examined only whether the application was filed in the name of a village council, “B community common facilities for residents, common workplace, and agricultural machinery storage,” “whether it is a village common facilities for residents, common workplace, and agricultural machinery storage,” and

The defendant examined the above paragraph (1) through the "certification of registration number for real estate registration", and examined the above paragraph (2) based on the use and attached business plan.

Plaintiff

A listens to the question that the permission for a utility tunnel is legally granted on one's own land and confirms the authenticity through L, which is a land, and asks L to proceed with the procedure of permission. L requested L to a certified architect C to conduct the procedure of permission. The plaintiff did not participate in the preparation of the documents related to the Village Association.

D The Plaintiff’s statement to the effect that it was a regular organization registered in the Republic of Korea and was the entity that filed an application for a building permit, and that “villages association” was an architect assistant F, architect C’s statement, and “villages association,” is based on the site for the procedures for the building permit examination.