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(영문) 대전고등법원 2019.03.20 2018누12624
개발행위불허가처분취소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

① 제1심판결문 제2쪽 제12행의 ‘원고들은 피고에게 2017. 5. 30. 피고에게’를 ‘원고들은 2017. 5. 30. 피고에게’로, 같은 쪽 제14행의 ‘875m{} ^{2}'를 ’876m{} ^{2}'로 각 고쳐 쓴다.

② Part 4 of the first instance judgment, part 19 and part 20 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28553, Dec. 29, 2017; hereinafter the same shall apply) and part 14 of the 6th Enforcement Decree of the former Enforcement Decree of the National Land Planning and Utilization Act shall be deemed to be each “Enforcement Decree of the National Land Planning and Utilization Act” and part 9 of the 26th Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28553, Dec. 29, 2017) shall be deemed to be “Enforcement Decree of the National Land Planning and Utilization Act” respectively.

③ The “former Guidelines for Operation of Permission for Development Activities” (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 997, Apr. 18, 2018; hereinafter referred to as the “Guidelines for Operation of Permission for Development Activities”) under the former Guidelines for Operation of Permission for Development Activities (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 997, Apr. 18, 2018); and

As the “former Ministry of Land, Infrastructure and Transport Directive No. 14, and Ministry of Land, Infrastructure and Transport Directive No. 6, and Ministry of Land, Infrastructure and Transport Directive No. 10, and Guidelines for Operation of Permission for Development (amended by Ministry of Land, Infrastructure and Transport No. 524, May 8, 2015)” respectively. The “former Guidelines for Operation of Permission for Development Activities” was amended by the Ministry of Land, Infrastructure and Transport No. 997, Apr. 18, 2018. (4) The “instant provision is null and void,” of the first instance judgment No. 7, the “this case’s provision is not deemed effective beyond the delegated limit of superior laws and regulations, and it is difficult to find other grounds or legal grounds for each of the dispositions of this case.”

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