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(영문) 부산고등법원(창원) 2014.10.02 2013누10390

채굴계획인가신청불인가처분취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the part of the reasoning of the judgment of the first instance, except for the dismissal of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Parts to be dried;

A. On the 7th judgment of the court of first instance, “Nos. 5 and 11” in the 7th judgment shall be “Nos. 5, 11, 16 through 19, 23 through 36.”

B. Each “this Court” in the first instance court’s 7th sentence, 7th sentence, 8th sentence, 5, 19th sentence, and 9th sentence shall be deemed to be “the first instance court and this court” respectively.

C. On the 8th judgment of the first instance court, “No. 5, No. 9-3” in the 5th judgment of the first instance court is “No. 5, No. 9-3, No. 12, No. 13, and No. 14”.

3. Accordingly, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.