공익사업자지정신청불가처분취소
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 court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for modification or addition of a trial decision as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. A corrected or added portion;
A. Of the 7-5th sentence of the first instance court, “this case’s disposition shall not be deemed to be erroneous or in violation of the principle of proportionality” is amended to mean that “it is insufficient to recognize that the disposition in this case was abused by mistake of facts or in violation of the principle of proportionality,” only based on the circumstances alleged by the Plaintiff, the images of the evidence Nos. 1 through 29 (including paper numbers), the fact inquiry results of the first instance court’s J survey and Design Construction, and the fact inquiry results of the first instance court’s JB and Design Construction, and the fact inquiry results of the first instance court’s JB and Building Office
(b)the following shall be added between conduct 7, No. 21 and No. 8, of the first instance judgment:
In addition, the plaintiff asserts that the maintenance of the city of this case is possible because it is not an administrative property but a property registered in the public property management ledger from the beginning to the deliberation of the public property deliberation council.
However, in full view of the entries in the evidence Nos. 8 and 10, and the fact-finding results and the whole purport of the pleadings as to the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of this case, the Si of Ansan-dong, which is the land prior to the division of the Si of the Si of this case, had the ownership transfer registration completed on June 22, 1964, and the new administrative system or the public property management ledger of the Si of the Dong of Dong in 2008, which was registered as the property for public use among the administrative property. The fact-finding results are alone based on the entries and images of the evidence Nos. 1 through 29, the fact-finding results of the first instance court's Jsurvey and the fact-finding results of the Si of the Si