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(영문) 서울고등법원 2018.11.01 2018누57690
건축불허가처분 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The court's explanation about this case is identical to the reasoning of the judgment of the court of first instance (excluding the attached Form) in addition to the part written by the court of first instance as to this case in paragraph (2) below. Thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

(1) The court of first instance, which rejected the Defendant’s assertion in the first instance trial, even if the evidence submitted in the first instance trial is examined, is not significantly different from the Defendant’s assertion, and the court of first instance, which rejected the Defendant’s argument. The court of first instance, which was written in its entirety, shall read “the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)” as “the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “National Land Planning Act”)” under the second sentence of the first instance judgment, and shall read “the Enforcement Decree of the same Act” as “the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28521, Dec. 29, 2017; hereinafter “Enforcement Decree of the National Land Planning Act”) and shall be used as “the first sentence, first sentence, third sentence, 14, and 5 of the Enforcement Decree of the National Land Planning Act.”

The following shall be added between the fourth and fourth parts of the first instance judgment:

(1) According to Article 56(1) of the National Land Planning and Utilization Act and Article 51(1)1 of the Enforcement Decree of the National Land Planning and Utilization Act, a person who intends to engage in an act falling under the construction of a building under Article 2(1)2 of the Building Act shall obtain permission for development activities. A person who has obtained a building permit under the Building Act shall be deemed to have obtained permission for development activities under the National Land Planning and Utilization Act (Article 11(1) and (5)3 of the Building Act). Accordingly, Article 12(1) of the Building Act constructs a building on the site in which the person who has the authority to grant the building

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