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(영문) 대전고등법원(청주) 2017. 5. 24. 선고 2016누10900 판결

[사업계획승인취소처분취소등][미간행]

Plaintiff and appellant

Liberingte Co., Ltd. (Law Firm Dong LLC, Attorneys credit stone-appellee, Counsel for the defendant-appellant)

Defendant, Appellant

Mansan Gun (Law Firm Cheongung Law, Attorney Shin-yang et al., Counsel for defendant-appellant)

Intervenor joining the Defendant

Defendant 1 and nine others (Law Firm Jung-tae, Attorneys Gyeong-Gyeong et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

April 19, 2017

The first instance judgment

Cheongju District Court Decision 2016Guhap10508 Decided November 10, 2016

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 judgment of the first instance court shall be revoked. The defendant's revocation of permission for conversion of a mountainous district made on January 8, 2016 against the plaintiff and the revocation of approval of a project plan made on March 18, 2016 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's reasoning for this case is as follows: "A 1......" was stated in Section 4 through 7, 9, 10, 18, 20 of Section 8, Section 16, and Section 17 of Section 8 of the first instance court's judgment "B......................................................................................................................................................... did not take provisional measures such as removing the above rocks and installing them on the slope by the time of this case.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges Shin Jae-sop (Presiding Judge)