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(영문) 부산고등법원(창원) 2020.04.29 2019누11913

개발행위불허가처분취소

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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 reasoning of the judgment of the court of first instance citing this case is the same as that of the part of the judgment of the court of first instance citing this case. Thus, it cites this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article

(1) The grounds for appeal by the defendant are not significantly different from the allegations in the first instance court. Further, even if the evidence submitted by the defendant to this court is added to the grounds for disposition, the fact finding in the first instance court and the determination are deemed legitimate even if the defendant added the concerns about environmental destruction and landscape damage to this court. However, in an appeal litigation seeking the revocation of administrative disposition, the disposition agency may add or change other grounds only to the extent that the grounds for the original disposition are identical to the factual relations. Thus, the above additional grounds for disposition cannot be allowed because it is difficult to view that the defendant's ground for disposition exists within 100 meters from the date of the instant application and the basic factual relations are identical.