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(영문) 서울고등법원 2019.09.26 2018누76325
공장신설승인신청 불승인처분취소
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 the reasoning of the judgment of the court of first instance, except for the part of a dismissal or deletion as follows, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

(2) The court of first instance and the court of first instance that rejected the Plaintiff’s assertion, even if all the evidence submitted by the court of first instance and this court are examined, the grounds alleged by the Plaintiff in the appeal do not differ significantly from the contents alleged by the Plaintiff in the first instance. The court of first instance and the court of first instance that rejected the Plaintiff’s assertion is justifiable. The court of first instance deleted the part of first to seventh (7) acts under the 6th sentence of the court of first instance, and dismissed the “this court”

The following shall be added to the 9th sentence of the first instance judgment and the 12th sentence:

Article 59 (1) of the National Land Planning and Utilization Act provides that the head of the relevant administrative agency shall undergo deliberation by the Central Urban Planning Committee or the Local Urban Planning Committee in order to permit certain development activities prescribed by Presidential Decree or to grant authorization,

Meanwhile, Article 57(1) of the Enforcement Decree of the National Land Planning Act, which prescribes the type and scale of development activities to be deliberated by the urban planning committee upon the delegation of the above provision, recognizes exceptions to the development activities of a specific type and scale. Of the exceptions, Article 57(2)(d) of the Enforcement Decree of the National Land Planning Act provides that “a building is to be constructed within a specific use area stipulated by urban or Gun planning ordinance of the Special Metropolitan City, Metropolitan City

This is that even if permission for development activities is granted without going through deliberation by the urban planning committee in light of the nature or scale of such development activities, it is possible to omit deliberation procedures by the urban planning committee.

However, the above provisions.

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