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(영문) 대구고등법원 2020.11.06 2020누2036

건축허가신청반려처분취소

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The Intervenor’s Intervenor’s supplementary participation is permitted.

The defendant's appeal is dismissed.

Expenses for appeal are assessed against the defendant.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the court added the following judgment to the defendant's assertion (including the defendant's assertion regarding the plaintiff's motion for intervention and the defendant's assertion about the addition of the grounds for disposition against the defendant's motion for intervention (including the defendant's assertion; hereinafter the same shall apply) and it is identical to the part of the judgment of the court of first instance in addition to the substitution of "related Acts and subordinate statutes" in the judgment to the annexed "related Acts and subordinate statutes" as stated in the judgment of this court. Thus, it is acceptable in accordance with Article

2. The portion added by this court

A. 1) The Plaintiff’s motion to intervene in the Intervenor’s motion to intervene in the Intervenor’s motion is unlawful as the grounds for the instant disposition are not related to the infringement of environmental interests of the Intervenor, on the grounds that there is no legal interest in the outcome of the lawsuit. 2) In order to intervene in the Intervenor’s motion to assist one of the parties in a specific litigation case, there is interest in the outcome of the lawsuit

The interest here refers to a legal interest, not a de facto, economic or emotional interest, which is a legal interest, and this does not directly affect the effect of a judgment in a lawsuit in question where the judgment in question is subject to res judicata effect or executory power, or where

Even in cases where the legal status of a person who intends to participate in assistance is determined at least on the premise of the judgment.

(see, e.g., Supreme Court Decision 2015Da61286, Sept. 21, 2017). In a case where the scope of the right of influence likely to be affected by a project, such as an act done by an administrative disposition, is specifically prescribed under the relevant laws and regulations or relevant laws, the relevant disposition is directly and seriously important for the residents within the sphere of the right of influence.