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(영문) 대전고등법원 2018.08.23 2018누10796
건축허가(신축)신청 반려처분 취소
Text

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.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and thus, the reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable in accordance with Article 8(2) of the

Part 3, Parts 14 through 5 shall be improved as follows.

“A) When rendering a disposition, an administrative agency shall, in principle, present the basis and reasons to the parties.

(1) Article 23(1) of the Administrative Procedures Act provides that a disposition to refuse permission, etc. filed by a party is unlawful, even if the grounds and reasons for the disposition are not specified in detail.

In such a case, the term “case of presenting the grounds” refers to a case where it is sufficiently possible to find out which grounds and grounds were established at the time of the disposition, and where it is deemed that there was no particular hindrance to moving to the administrative remedy procedure.

(B) In full view of the overall purport of pleadings in evidence Nos. 1, 3, and 1, 2017, the Plaintiff filed the instant application by specifying the relevant provisions, such as Articles 11 and 16 of the Building Act, and in relation to the grounds for the instant disposition upon the Plaintiff’s request for supplementation twice, the Defendant’s location at the same time as the funeral hall’s location was 65 meters away from the boundary of the Dong bank and 48 meters away from the orchard library boundary, and as such, the risk of infringing the residential environment and educational environment may be deemed to go against the purpose of promoting public welfare under the purpose of the provision of the Building Act. Accordingly, the funeral hall location plan becomes the main time by reviewing the plan for the location of the funeral hall, and the structure and installation standards of urban or Gun planning facilities are related to the determination and installation standards of urban or Gun planning facilities.

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