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(영문) 서울고등법원 2020.01.09 2019누49115
부실벌점부과처분취소
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, which cited the reasoning of the judgment, is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The grounds of the judgment of the court of first instance for the third 13 line (based on recognition) shall be added to the column "A No. 19".

The following shall be added to the 8th 11 line reasoning of the judgment of the first instance.

The reasoning of the judgment of the first instance court of " 17th to 18th to 12th to 17th to 12th to 17th to 18th to 12th to 17th to 12th to 17th to 17th to 17th to 17th to 18th to 12 of the alternative patent is as follows.

1) The term “insolvent construction works” under Article 53(1) of the former Construction Technology Promotion Act means the act of undermining the safety of a building or its construction works or causing harm to the body or property of another person by performing construction works contrary to the general common sense, etc. as a constructor of various Acts, subordinate statutes, design documents, construction practices, including the Building Act.

However, even in such cases, it shall not be deemed that it does not constitute a defective construction only when the risk, such as the occurrence of safety problems at a building or construction site, is realized due to

(2) In light of the aforementioned legal principles, the following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of arguments and the purport of the entire arguments, are sufficiently recognized in light of the aforementioned legal principles: (a) it may be sufficiently recognized that a patent could have been likely to occur due to the fact that the pertinent design drawings and the instant design specifications were different in content from the instant design specifications.

(1) Construction works shall be implemented in accordance with relevant Acts and subordinate statutes, standards, design documents or other related documents, etc., and design documents shall be constructed.

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