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(영문) 서울고등법원 2018.12.07 2018누56475

건축허가신청반려처분취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The defendant's assertion in the court of first instance is not significantly different from the defendant's assertion in the court of first instance, and even if the defendant's assertion is re-examineed with the evidence submitted in the court of first instance and this court, the defendant's rejection of the defendant's assertion on the ground that the land of this case did not meet the requirements under Article 44 of the Building Act is illegal is justified.

Therefore, the reasoning of the judgment of this court concerning this case is that the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the court of first instance renders the "this court" of 3, 19, 6, 18 of the judgment of the court of first instance as "the first instance court", and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified on the grounds of its conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.