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(영문) 대전고등법원 (청주) 2018.11.28 2018누662
건축허가신청반려처분취소
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 cited by the court of first instance is the same as that of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the part that the plaintiff emphasizes or claims for additional payment by this court, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. Additional determination

A. The gist of the Plaintiff’s assertion 1) The amended Ordinance of the Cheongju City, which proposed a violation of the Civil Petitions Treatment Act and the delayed treatment without any justifiable reason, was proposed on June 2, 2017 and brought before and decided on June 22, 2017, and passed the Cheongju City, which passed the Cheongju City, on June 30, 2017. As such, the Defendant was aware that the amended Ordinance of the Cheongju City, which was enforced on July 7, 2017, and that there was no transitional provision in the above Ordinance. Nevertheless, the Defendant was aware that the said application was enforced on July 7, 2017, and that there was no transitional provision in the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”).

(2) Since the filing of the instant application for deviation and abuse of discretionary power is not less than 820 meters away from the citizen’s price and it is not directly affected by the malodor or sewage or wastewater of the instant money, as the filing of the instant application was made by unfairly delaying the treatment period set forth in the notice, demanding the Plaintiff to supplement it later, without any justifiable reason, such as delaying consultation with the pertinent department and failing to urge the Plaintiff, and then delaying the treatment, and then the instant disposition was made in accordance with the amended Ordinance of the Cheongju City/Gu, which was amended by the company. (2) The filing of the instant application for deviation and abuse of discretionary power is far away from the citizen’s price and at least 820 meters, and it is difficult to directly affect the malodor or sewage of the instant money, and it does not cause damage to neighboring residents by applying the malodor removal device

This reflects this, 15 neighboring village residents consented to the establishment of the instant money shed.

Nevertheless, the instant disposition, which rejected the construction of the instant money company, is unlawful as it deviates from and abused the discretion of the administrative agency.

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