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(영문) 서울고등법원 2019.06.05 2018누75353

국유재산사용허가취소처분 무효확인

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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 fact-finding is justifiable in comparison with and comparison with the grounds for recognition of the facts stated in the reasoning of the judgment of the court of first instance which cited the grounds of the judgment of the court of first instance, and it is also justified in a number of judgments stated in the grounds of the judgment of the court of first

This paper examines each of the evidence Nos. 13 and No. 16, which the plaintiff submitted in the appellate court, in addition to the grounds for the recognition of the judgment of the court of first instance.

Under the following, the plaintiff will also take into consideration the argument that the plaintiff will repeat, modify, or add.

2. The plaintiff's main assertion and judgment on the appeal

A. In the grounds of disposition, the Plaintiff asserts that there was a significant and apparent defect in the instant disposition, since it was merely filled up because it was necessary to fill up the ground for his own cultivation, and there was no intention to obstruct the passage of users of adjacent land, and there was no intention to use waste fish or waste materials, etc. on the filling.

However, the reasoning of the judgment of the first instance, cited as the foregoing, rejected the assertion of facts by properly recognizing the fact that it is incompatible with the Plaintiff’s aforementioned assertion.

Considering such fact-finding, there is no significant and apparent defect in the disposition of this case. Thus, this part of the Plaintiff’s assertion is without merit.

B. The plaintiff asserts that the disposition of this case contains a significant and apparent procedural defect that the defendant did not undergo the hearing prior to the disposition.

However, in full view of the following facts, the evidence Nos. 6 and No. 7-1 and No. 7-2 of each video and the whole purport of the pleading can be recognized as follows:

In other words, the employee belonging to the sales right management body of the defendant is to receive a civil petition from the petitioner in relation to the plaintiff's act of raising the ground for appeal and notify the plaintiff that the permission can be revoked because the act of raising the ground for appeal is in violation of the terms of permission.