건축허가신청반려처분취소
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 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 the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, in addition to the dismissal or addition of part of the reasoning of the judgment of the court of first instance as follows. Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
After the second part of the "reason for Disposition", the second part added " without presenting any legal basis for the rejection of a building permit", and the third part added "no authority" to "no legal basis exists."
Part 6 below of the 4th page shall add:
Article 23(1) of the Administrative Procedures Act provides that an administrative agency shall present the basis and reasons for the disposition, and the purport is to exclude the arbitrary decision of the administrative agency and to enable the parties to properly cope with the administrative remedy procedure. Therefore, in full view of the contents stated in the written disposition and related statutes, and the overall process, etc. up to the time of the disposition, where it is sufficiently possible to find out which grounds and reasons for the disposition were made by the parties at the time of the disposition, and it is deemed that there was no particular hindrance to moving into the administrative remedy procedure, if the grounds and reasons for the disposition are not specified in the written disposition, the disposition cannot be deemed unlawful due to such failure, even if the grounds and reasons for the disposition are not specified in the written disposition (see Supreme Court Decision 2011Du18571, Nov. 14, 2013). 5.