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(영문) 광주고등법원 2019.11.28 2019누11100

건축(신축)허가 취소 처분의 취소

Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as follows, and the defendant and the supplementary intervenor (hereinafter referred to as the " supplementary intervenor") are as stated in the reasoning of the judgment of the court of first instance, except for further determination as to new or new arguments by the court of first instance, since it is identical to the reasoning of the judgment of the court of first instance, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

(Other, the content asserted by the Defendant and the Intervenor in this Court is not significantly different from the content claimed by the Defendant in the first instance court, and even if all the evidence submitted to the first instance court and this court are examined, the judgment of the first instance court that rejected such argument by the Defendant is justifiable). The third and lower court’s “Defendant” was followed by the 3rd and lower court as “Plaintiff.”

5 The 5th written confirmation "(24.2)" (hereinafter referred to as "written confirmation") shall be written with "(refer to a written confirmation attached to this judgment; hereinafter referred to as "written confirmation of February 24")".

The 5th parallel 3 to 4 parallels (hereinafter referred to as “3.15 line”) shall be written with “(refer to a letter attached to this judgment; hereinafter referred to as “3.15 letter”)”.

8 One set of "Ap. 7, 9 through 11, 16" shall be added to "Ap. 7, 9 through 11, 16, 20" for the first set of "A. 7, 9 through 11, 16, and 20."

2. Additional determination

A. The plaintiff of the defendant and the assistant intervenor's assertion is acknowledged as permission for development activities.

2. 14.Woman and

3. 15 written confirmations have been submitted, and the details of each written confirmation shall be written differently from facts.

2. 14.In the case of a 14. Written Confirmation, each of the above written certifications, such as forgery of the parts related to H and G, was prepared in a false manner.

Therefore, since the Plaintiff acquired permission for development activities by fraudulent means of submitting false documents, there are grounds for disposition of this case.

B. Specific determination is based on the facts and circumstances recognized by the first instance court.