주택건설사업계획 승인처분 무효확인 청구의 소
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.
1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following reasons between six and seven (6) of the judgment of the court of first instance. Thus, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act.
D. Even if the Gyeonggi-do Governor and the defendant respectively violated the public announcement procedure prescribed by the Enforcement Decree of the Framework Act on the Regulation of Land Use in the Gyeonggi-do newsletter and Gwangju City newsletter, even if “the omission of the publication of the topographical map itself” violated the enforcement Decree of the Framework Act on the Regulation of Land Use, so long as the Governor of Gyeonggi-do and the defendant kept related books, such as topographic drawings, in the Gwangju City Planning and the public perusal them in the city planning, such procedural defect cannot be deemed as a grave and obvious defect as long as the announcement of such procedural defect itself should be deemed as a rightful invalidation (see, e.g., Supreme Court Decision 2014Da74698, Jan. 28, 2016). Therefore, the plaintiff
2. The plaintiff's claim of this case should be dismissed, and the judgment of the court of first instance is just in conclusion.
Therefore, the plaintiff's appeal against this is dismissed as it is without merit, and it is so decided as per Disposition.