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(영문) 서울고등법원 2018.04.25 2017누73183

공사중지및퇴거명령취소

Text

1. The defendant's appeal is all dismissed.

2. The part arising from the intervention in the appeal costs shall be the intervenor joining the defendant.

Reasons

1. The grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance (including the relevant part in the judgment of the court of first instance, but excluding the part on March 2, 200), and therefore, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following is added to the 5th 6th 6th 6th eth eth eth eth eth eth eth 7 eth eth eth eth eth 7 eth eth eth eth 10 e. e. 2) e. 10 e. e. e. e. e. 12 e. e. 3) e. 5 e. 16 e. e. e. 5 e. e.

1) The plaintiffs are merely co-owners of the building of this case, and the persons who were constructing the building of this case while directly occupying the building of this case are K as lessee of the building of this case.

Nevertheless, the defendant made the disposition of this case ordering the suspension of construction and the removal of the plaintiffs who are not K, which is unlawful as it confuseds the other party to the disposition.

In addition, the following contents are added eight (8) below. 2) The administrative laws and regulations, which serve as the basis for an sed administrative disposition, must be strictly interpreted and applied, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the other party to the administrative disposition. A teleological interpretation that takes into account the legislative purport and purpose of such administrative laws and regulations, shall not go beyond the ordinary meaning of the language and text (see, e.g., Supreme Court Decisions 2014Du47686, Nov. 24, 2016; 2017Du33824, Jun. 29, 2017; 2016Du64982, Feb. 28, 2018).