건축허가불허처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit is resulting from the supplementary participation.
The reasoning of the judgment of the court of first instance is as follows: “The instant site” from “the instant site Nos. 15 and 16 of the reasoning of the judgment of the court of first instance to “(see Attached Form 2).” “However, within a radius of 500 meters, there are 10 or more households in addition to the above facilities”; “B” in Chapter 5 shall be deemed “B”; “this court” in Chapter 16, and “No. 17” shall be deemed “the first instance court”; “No. 5, No. 19 through No. 11, No. 3 are the same as the reasoning of the judgment of the court of first instance except for the provisions in the following Paragraph 2; “No. 15 and the main sentence of Article 420 of the Civil Procedure Act”; “No. 5 and no. 16 of the Enforcement Decree of the Building Act shall be deemed to require change of the form and quality of land to be subject to permission pursuant to the provisions of Article 16(1)5) of the National Land Planning Act.
If the case is defined as an indefinite concept, the outline of the prohibition
In determining whether a case constitutes a case, a discretionary authority shall be granted to the administrative agency. Therefore, a building permit accompanying an act of changing the form and quality of land belongs to the discretionary act, and in such a case, the court shall conclude the original decision, taking into account the room for determining the public interest based on the discretion of the administrative agency.