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(영문) 서울고등법원 2020.06.24 2019누54629
감리자 지정처분 취소소송
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 this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as stated in paragraph (2). Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

2. On 3 pages 8 of the part to be removed or added, the phrase “B No. 1” shall be changed to the phrase “B No. 1” (including a number; hereinafter the same shall apply).

The entry from 10 to 200 at the bottom of the four pages shall be as follows:

According to Article 43 (1) of the former Housing Act, when a person authorized to approve a housing construction project plan approves the housing construction project plan, he/she shall designate a supervisor of the housing construction project, and pursuant to Article 44 (1) of the same Act, a supervisor shall assign a person under his/her control as a supervisor, as prescribed by Presidential Decree, and verify whether the contractor executes the project in conformity with the design documents and whether

Article 47 (4) of the former Enforcement Decree of the Housing Act provides that "the supervisor shall be stationed and supervised at the construction site by a person qualified for supervision prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport", "Article 47 (1) 1 of the former Enforcement Decree of the Housing Act", "Article 44 (5) of the former Enforcement Decree of the Housing Act provides that "the supervisor shall be stationed and supervised by him/her", "one general supervisor in charge of supervisory duties over the construction site and the supervisor for each construction field shall be posted for the entire period of the housing construction work, and the supervisor for each construction field shall not be posted for the period of the relevant construction work, and "Article 47 (4) 4 of the former Enforcement Decree

Meanwhile, according to the delegation of Article 47(2) and (4)2 of the Enforcement Decree of the Housing Act, the standards for the designation of a supervisor are prescribed in the detailed standards, such as the method of designation of a supervisor.

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