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(영문) 대전고등법원 2018.05.23 2017누14746

건축허가처분취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the part resulting from the participation in the appeal.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following cases, and thus, it shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(1) The third and second written judgment of the court of first instance shall consist of "resident residents" with "resident residents or owners".

(2) The Building Act (amended by Act No. 14792, Apr. 18, 2017; hereinafter the same shall apply) shall add “the Building Act” to the fifth eightth sentence of the court of the first instance.

(3) Forms 11 and 14 of the decision of the first instance shall be cut down in the following manner:

The types of buildings belonging to the uses referred to in the subparagraphs of Article 2 (2) of the Enforcement Decree of the Building Act shall be as specified in the attached Table 1. The types of buildings by uses (Article 3-5, 14. Business Facilities; 14. Business Facilities

(b) General business facilities: The business facilities which meet the following requirements:

(ii) Officetels (referring to officetels which are used mainly for business, and which meet the standards publicly notified by the Minister of Land, Infrastructure and Transport to allow board and lodging in part of subdivisions sold or leased.

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2. If so, the lawsuit of this case shall be dismissed as unlawful.

The judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal is dismissed for all reasons.