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(영문) 서울고등법원 2015.06.02 2015누31840
건축허가신청불허가처분취소
Text

1. On July 23, 2013 in the judgment of the court of first instance, the part regarding confirmation of validity of a permit application for construction permission issued on July 23, 2013, and on December 19, 2013.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of the first instance is as stated in the reasoning of the judgment of the court of the first instance, in addition to adding or deleting the judgment of the court of the first instance as to the plaintiff's argument, and therefore, it shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The second part of the judgment of the court of first instance in which "125.75 square meters in total floor area, the second part of the ground for the judgment of the court of first instance" shall be applied with "15.25 square meters in total floor area, the second part of the ground surface" in Article 17.

o Nos. 11 and 12 of the 4th page "the defendant re-issued a written disposition of the rejection disposition of this case on or around July 2014, and the plaintiff re-issued the above written disposition on July 2, 2014."

o " August 2, 2014," respectively, under Sections 5, 3, 6, 2, and 4, "......." shall be committed on July 2, 2014, and "....... the plaintiff in Chapter 7, 16, "...." shall be committed by "the defendant". The "8, 5, 17, and 8, 5, 5, and 17.

The phrase "judgments on the remainder of claims" shall be deleted, and the following shall be added:

B. On July 23, 2013, the part on confirmation of validity of a permit application for a building permit issued on July 23, 2013 and the part on confirmation of invalidity of a non-permission application for a building permit issued on December 19, 2013 ex officio.

As seen earlier, the Defendant rejected the application for the instant building permit on July 5, 2013, and the rejection disposition is deemed to have been effective by delivering the written disposition to the Plaintiff on July 11, 2013.

Therefore, the permission number entered into the Defendant's architectural administration system as of July 23, 2013 is due to mistake, and the defendant found it and deleted the above permission number on December 19, 2013. The act of error entry as of July 23, 2013 and deletion as of December 19, 2013 is an act that causes a direct legal change in the legal status, such as the citizen's right and duty, and is subject to appeal litigation.

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