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(영문) 광주고등법원 2019.09.26 2019누10114
골재선별.파쇄신고 거부처분 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 concerning this case is as follows. The reasoning of the judgment of the court of first instance concerning this case is as follows. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for additional determination as to the newly asserted matters by the plaintiff in this court. Thus, it is acceptable in accordance with Article 8(2) of

(Other matters alleged by the Plaintiff in this Court are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if all the evidence submitted to the first instance court and this court were examined, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). The second and second, “C” in the third and lower court is regarded as “E”.

From 8 up to 15 lines shall be as follows:

Considering the following circumstances that can be seen by comprehensively taking account of the overall purport of pleadings in the respective statements in Evidence Nos. 13 through 18, and evidence No. 11, it is reasonable for the Defendant to regard it as the ground for the instant disposition. (A) The Plaintiff stated in the part of the “plan for the production and use of aggregate” of the instant report (Evidence No. 9) as “plan for the production and use of aggregate” in the part of the “plan for the production and use of aggregate” in the instant report (Evidence No. 9) as “plan for the production and use of aggregate,” and did not state any other additional soil supply source.

However, the said apartment construction project seems to have been completed on August 10, 2016, and after that, earth and sand, sand, and gravel are not removed from the site. The circumstance that, around February 14, 2018, around February 14, 2018, the time of the instant report, soil and sand were not removed from the site cannot be deemed to be temporary.

Ultimately, it is impossible to supply earth and sand according to the "plan for the production and use of aggregate" expressed by the Plaintiff.

B. The Plaintiff’s status G in Gwangju Mine-gu.

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