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(영문) 광주고등법원(전주) 2016.03.28 2015누962

요양급여불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) the court’s explanation of this case is to correct “ August 17, 2013.” Of the judgment of the court of first instance to “ July 18, 2013.” (b) the 6th to 5th 11th of the judgment of the court of first instance as follows; and (c) the 4th to 6th 5th of the judgment as stated in the reasoning of the judgment of the court of first instance except for the addition of the following, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

[Supplementary part] As to this, the plaintiff asserts that the actual total floor area of the building of this case exceeds 100 square meters.

The construction works for the construction site, the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Act") and the construction works for the construction of a building with a total floor area of 100 square meters or less, which are executed by a person who is not a constructor, etc., and the total floor area referred to in the above Acts and subordinate statutes is the aggregate of the floor area of each floor of a building (the horizontal plane projection area of each floor or part of a building enclosed by "the centerline of a wall, pole, or other similar division" under Article 119(1) of the Enforcement Decree of the Building Act.

However, the area recognized as a result of each appraisal commission (i.e., March 6, 2015 and June 15, 2015) of the Plaintiff’s evidence Nos. 4-1 through 4 and of each appraisal commission of the 1st instance court’s office and net branch office of the Korea Land Information Corporation of the first instance court (i.e., March 6, 2015) is only the area connected to the building of the building of this case with the 101 square meters connected with the cater line of the building of this case (i.e., the 104 square meters) and the total floor area stipulated in the Enforcement Decree

Rather, according to the result of the commission for appraisal and supplementation of the office and branch office of the Korea Land Information Corporation in this Court, it is recognized that the horizontal plane projection area of the part connecting the "central line of the outer wall" of the instant building, which is a single-story building, is 97 square meters, and that the said area is based on the floor area prescribed by the Enforcement Decree of the Building Act