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(영문) 서울고등법원 2015.11.20 2015누40844
개발행위허가신청반려처분취소
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. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following matters among the grounds of the judgment of the court of first instance. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

1. The title "Plaintiff-owner" in Chapter 2 shall be deemed as "Plaintiff- C owner".

② On the 5th page 15, the phrase “assumpt. 15” is deemed to read “assumpt. 1, even if it is based on the actual survey of the current status of an application for permission for development activities (Evidence B No. 1) submitted by the Plaintiff, the altitude of the instant land exceeds 65 meters as prescribed by the instant Municipal Ordinance.”

(3) Grades 5, 20 to 6, as follows:

Article 18(1) of the Act on the Treatment of Civil Petitions (see, e.g., Supreme Court Decision 2012Du25125, Oct. 30, 2014) provides that a civil petitioner who is dissatisfied with the rejection disposition by the head of an administrative agency as to a civil petition may file an objection, and pursuant to Article 37(1) of the Enforcement Decree of the same Act, a civil petition conciliation committee shall be established and operated to deliberate on a civil petition, etc.; hereinafter, there is a provision that requires the procedures for deliberation by the civil petition conciliation committee in certain cases at the time of the civil petitioner’s filing of objection; however, there is no provision that the defect in the procedures for filing an objection due to the circumstances concerning the filing of objection after the instant disposition does not affect the determination of illegality

2. 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 is dismissed as it is without merit. It is so decided as per Disposition.

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