(영문) 서울고등법원 2010. 12. 28. 선고 2010누13700 판결[주택공급거부처분취소][미간행]
Plaintiff
Korea Land and Housing Corporation (Attorney Choi-spon et al., Counsel for the plaintiff-appellant)
November 9, 2010
Suwon District Court Decision 2009Guhap12090 Decided April 15, 2010
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Claim: The Defendant’s refusal to supply housing against the Plaintiff on October 7, 2009 shall be revoked primarily. In the preliminary case, the Defendant’s refusal to supply housing against the Plaintiff on September 15, 2009 shall be revoked.
2. Purport of appeal: Revocation of the judgment of the first instance. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The reasoning of this court's judgment is as follows, except for adding a new argument and judgment at the defendant's trial, and is the same as the reasoning of the judgment at the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
▣ 제1심 판결문 8쪽 3째줄 다음에 아래 부분을 추가한다.
The defendant argues that all of the provisions of this case's deemed to be a head of a homeless household shall be considered to be a head of a homeless household, and therefore the plaintiff does not correspond to this. However, the provision of this case's deemed to be a head of a homeless household provides that "the owner of a house falling under any of the following items shall be deemed to be the head of a homeless household," and such provision is interpreted to mean that if only any of the following items is applicable,
2. Conclusion
The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Sung Pung-tae (Presiding Judge)