주택건설사업계획 변경 승인 취소 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.
1. The reasons why the court should explain this case, such as the acceptance of the judgment of the court of first instance, are as stated in the judgment of the court of first instance, except for the cases where the part of the 5th to 7th to 5th to 7th to the judgment of the court of first instance is the same as stated in the judgment of the court of first instance. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
[Supplementary administrative actions to terminate a business agreement concluded with the previous registration business entity and to supplement the judicial actions of selecting a new registration business entity to complete the legal effect of the business agreement, and if the termination of the business agreement, which is the basic action, has a defect only in the legal, effective, and complementary action, the cancellation of the approval disposition can be claimed. However, even if there is no defect in the basic action itself, if there is no defect in the approval disposition itself, the cancellation of the approval disposition can not be claimed immediately on the ground of the defect in the basic action, unless there is a defect in the basic action itself.
(See Supreme Court Decision 2005Du16659 delivered on December 8, 2006) In this case, the Plaintiff’s assertion on this part is asserted as valid by the instant joint project agreement and construction contract, a basic act, and sought revocation of the Defendant’s approval for modification of the housing construction project plan, which is a supplementary administrative act. Therefore, the Plaintiff’s above assertion is without merit without further review.
2. In conclusion, the decision of the first instance court is justified as the conclusion is consistent with this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.