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(영문) 부산고등법원 2020.01.10 2019누22330

건축이행강제금부과처분취소

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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

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for the following dismissal: Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act citing this case.

[Attachment] (2) In relation to this part of the building in this case, the Plaintiff alleged that the Plaintiff, at the time of the above application, intended to change the purpose of use of the part on which “a ground plan” was indicated 1,17, 2, 3, 4, 20, 19, 10, 11, 12, 13, and 1, among the parts of the building in this case as indicated in the annexed Table 2 “a ground plan”, but it is difficult to recognize that the Plaintiff, at the time of the above application, filed an application for change of use as indicated in the annexed Table 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 3 as indicated in the above “a ground plan” due to the mistake of the construction designer entrusted by the Plaintiff, 1, 2, 3, 3, 4, 5, 1, 4, 14, and 3 as indicated in the annexed Table 7 (3).