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(영문) 서울고등법원 2009. 3. 31. 선고 2008누20187 판결
[시장정비사업추진계획승인추천신청반려처분취소][미간행]
Plaintiff and appellant

TF Global (Attorney Sung-il et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

The head of Jung-gu Seoul Metropolitan Government (Attorney Lee Jae-young, Counsel for defendant)

Conclusion of Pleadings

March 17, 2009

The first instance judgment

Seoul Administrative Court Decision 2007Guhap42287 decided June 25, 2008

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's rejection of the application for approval of the Seoul Central Market Improvement Project Promotion Plan against the plaintiff on September 7, 2007 shall be revoked.

Reasons

The reasoning for the court’s explanation on this case is as stated in the reasoning of the first instance judgment, except for the rejection of each of the evidence Nos. 31 through 33 (including paper numbers) which is insufficient to acknowledge the Plaintiff’s assertion as evidence submitted by the court of first instance. Thus, this Court cited it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Ahn Young-chul (Presiding Judge)

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