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(영문) 서울고등법원 2018.09.14 2018누45062

건축허가신청반려처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The content asserted by the Defendant in this court is not significantly different from the content claimed by the Defendant in the first instance court, and the judgment of the first instance court that held the instant disposition as unlawful because it abused discretion, even if the Defendant’s assertion is reviewed together with evidence submitted in the first instance court and the first instance court.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified on the grounds of its conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.