건축불허가 통보처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed as follows. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
(Other matters alleged by the Defendant in this Court are not significantly different from the contents alleged by the Defendant in the first instance trial, and even if all the evidence submitted to the first instance court and this court were examined, the judgment of the first instance court that rejected the Defendant’s assertion is justifiable). The second instance court’s “Ordinance on Designation of Areas Limiting the Livestock Raising of Heung-gun” is added following the second instance’s “Ordinance on Designation of Areas Limiting the Livestock Raising of Heung-gun” (amended by Presidential Decree No. 2442, Nov. 11, 2019).
13. The 8th to 1st century shall be cut down in the following manner:
In addition, if an administrative agency prepares a topographic map according to the decision of the urban management plan and installs it at a certain place in the Official Gazette, and keeps the topographic map at the same place and keeps it directly accessible to the general public, it can be deemed that the notification of the topographic map was made lawfully (see, e.g., Supreme Court Decision 2017Da218246, Mar. 29, 2018). This legal doctrine is reasonable to deem that the same applies to cases where a topographical map is publicly announced in accordance
In full view of the above legal principles, in order to take effect in the designation of a livestock raising-restricted zone, the topographic map related thereto should be published lawfully.
Therefore, at least, the head of a local government announced a topographic map on the official bulletin or installed a topographic map at a certain place, and at the same time, kept the topographic map at the relevant place and made it available for the general public to view it.