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(영문) 서울고등법원 2014. 8. 20. 선고 2014누47596 판결

[건축허가철회신청거부처분취소의소][미간행]

Plaintiff, Appellant

Central Epis Co., Ltd. (Law Firm Square, Attorneys Seo Young-mo et al., Counsel for the defendant-appellant)

Defendant, appellant and appellant

- Government Market (Law Firm Aarna, Attorneys Yoon-young et al., Counsel for the plaintiff-appellant)

Intervenor joining the Defendant

[Defendant, Appellant] Giju Industrial Development Co., Ltd. (Law Firm LLC, Attorney Jeong Young-young, Counsel for defendant-appellant)

Conclusion of Pleadings

July 2, 2014

The first instance judgment

Suwon District Court Decision 2013Guhap16246 Decided March 25, 2014

Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part arising from the intervention shall be borne by the Defendant’s Intervenor, and the remainder by the Defendant, respectively.

Purport of claim and appeal

1. Purport of claim

The defendant's rejection disposition against the plaintiff on July 25, 2013 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

This court's decision is identical to the reasoning of the judgment of the court of first instance, and thus, it refers to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges’ aid (Presiding Judge) Transfering of permanent equipment