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(영문) 광주고등법원(전주) 2017.08.28 2017누1280
건축허가신청 불허가처분 취소 청구의 소
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 as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the parts described in paragraph (2) below, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. On the 4th judgment of the first instance court, the "on-site inspection results" in the 6th judgment from "B 2 to 6," to "8 shall be followed as follows.

【As a result of the first instance court’s on-site inspection of Eul’s evidence Nos. 2 through 6, 8, 9, 13, 21 through 25 (including any number number), witness M’s testimony, and the result of the fact-finding of this court’s on-the-spot inspection of military supplies】

B. Under the fourth sentence of the first instance judgment, the second sentence’s “Class 1 general residential area” has been added to “Class 1 general residential area”.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.

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