위법건축물시정명령 및 산지복구명령처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance as follows. The Plaintiff’s assertion added by this court is identical to the ground of the judgment of the court of first instance, except for the additional determination under paragraph (2) below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
In the second five cases of the judgment of the first instance, "no building report is filed" shall be construed as "a building report, a report on the conversion and temporary use of a mountainous district, or a report on the conversion of a mountainous district and temporary use of a mountainous district without permission therefor."
The "permission for or report on the conversion of mountainous district" in the second 8th judgment of the first instance shall be applied to the "permission or report".
Article 79 of the Building Act (amended by Act No. 16380, Apr. 23, 2019) “Article 79 of the Building Act” of the second 11st th th th th th 11 of the judgment
(b) The old Building Act;
Article 79 shall be made with "Article 79." The 10th 10 roads in the judgment of the first instance shall be "permission or reporting". The 19th 19 roads in the judgment of the first instance shall be "disposition". The 2nd 4th 2 roads in the judgment of the first instance shall be "No. 1 and 3" and the 15th 17 roads in the judgment of the first instance shall be "No. 3." The 4th 15th 17 roads in the judgment of the first instance shall be "No. 3........ the building of this case constitutes a simplified structure, as alleged by the plaintiff, and the construction of a "temporary structure directly used for the production of agricultural and fishery products" in Article 6-2 (3) 2 of the Enforcement Decree of the Free Economic Zone Act shall be deleted. The 5th 8 roads in the judgment of the first instance shall be added to "Building Act" and the 13th 10th 13th th th th 193th son.
2. Additional determination
A. The authority to issue an order to correct illegal buildings under the former Building Act and a mountainous district restoration order under the Mountainous Districts Management Act to the Mayor of Dong, which is not the defendant, is the main point of the plaintiff's assertion. Thus, the order to correct illegal buildings under the former Building Act and the mountainous district restoration order under the Mountainous Districts Management Act is limited to a person who