beta
(영문) 대전고등법원 2020.08.13 2019누13426

개발행위불허가처분취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance and the evidence submitted in this court are comprehensively examined, the fact-finding and judgment of the court of

Therefore, the reasoning of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2.In the judgment of the court of first instance, the following shall be added to the second to four parallel words below:

In the application of this case, the Plaintiff prepared a business plan stating that the instant facilities are installed in the area of 97 square meters and 880 square meters among D land adjacent thereto, among the said C land, and the said C land is designated as a conservation management area, and D land is designated as a planned management area, respectively. The details of this decision (attached Form) shall be added to the relevant Acts and subordinate statutes in 3. "2."

The following shall be added at the end of the third week following the fifth:

There is approximately 800 meters far from the north of the instant money, E Village, and there is about 1.5km south to the south. The instant money is located on the access road to the E Village. The following is added to the 6th page 5:

“D) On July 27, 2018, the Defendant issued an administrative advance notice following the application for permission to engage in development activities and the application for permission to convert mountainous districts (permission) in order to gather residents’ opinions regarding the instant application by the Plaintiff.

E Village residents held a general meeting of residents on August 10, 2018 to increase malodor, <2> there is a concern about the increase of malodor, ② the decline in the utilization of surrounding land and economic losses, ③ the negative impact on the educational environment of neighboring national educational institutions, ④ the Plaintiff’s efforts to improve the instant contribution as an eco-friendly farm.