개발행위허가제한처분취소
1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance except for the following “an addition or dismissal” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. A part concerning addition or height;
(a) an addition 1) The following shall be added to the fourth fourth end of the judgment of the first instance: 2) the following shall be added to the 12th five line of the judgment of the first instance.
(4) (4) According to the aforementioned review as to the violation of the principle of proportionality, the instant restricted land appears to have been applied for permission for development activities while continuously promoting development activities. However, in the event that such application is examined by lots only for the applicant without any restriction on comprehensive development permission by the instant disposition, the decision on whether to grant permission individually cannot prevent the risk of undevelopment. Thus, it is difficult to deem the instant disposition to be in violation of the principle of proportionality.
(b) Part 1) The Central Urban Planning Committee of 8th 11th 11th son of the judgment of the first instance shall be adjusted to “Central Urban Planning Committee”. 2) The 8th 18th son to 9th 11th son of the judgment of the first instance shall be adjusted to the following:
When an administrative act is classified into a so-called binding act, a discretionary act, or a discretionary act or a discretionary discretionary act with respect to the existence and scope of its discretion, the division shall be determined by considering all the forms and text of the relevant laws and regulations, the main purpose and characteristics of the relevant administrative act, and the individual nature and type of the relevant act. In the case of the former, the judicial review on the two so classified shall be determined by the court through the fact-finding and the interpretation and application of the relevant laws and regulations due to the existence of the relevant laws and regulations.