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(영문) 서울고등법원 2015.10.23 2014누72868
개발행위허가신청반려처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Quotation of the reasoning of the judgment of the court of first instance (1) in Part 3, Section 10, “not required,” is as follows:

In addition, the application for permission for construction and development of the non-party R's application for the building permit and development permission for the Gyeonggi-si Q, adjacent to the construction site of this case, was not required at all."

(2) On the 3rd page, the following shall be added:

(4) No.448, May 1, 2008, the main issue of the instant case is: (a) even if the instant road is not a road under the Building Act, it shall be deemed as a road actually based on the National Land Planning and Utilization Act; (b) accordingly, the owner of the instant major road shall bear the minimum liability for the road actually; (c) the land category is a road, and (d) the mere application of the legal doctrine under the Civil Act, deeming it as a private-owned property entirely without any minimum limitation derived therefrom in the context where the road is a road; and (d) the application of only the legal doctrine under the Civil Act would completely dis

(4) On the 3rd page, the following shall be added to "other than those":

In the case of previous development permission, the defendant revoked the permission period on January 12, 2012 to P who succeeded to the status of G on January 12, 2012, on the ground of the expiration of the permission period.

(6) On the 8th page, the following shall be added:

In addition, on September 6, 2010, in the case of Non-Party R, the defendant will know about the construction report.

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