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(영문) 서울고등법원 2016.11.18 2016누37944
개발행위허가취소
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

1. The reasoning for the judgment of the court of first instance, which cited this case, is that the defendant emphasizes again even in the appellate court, that is, the defendant's assertion that "the consent to use in the name of the plaintiff is valid" is the same as the statement of the reasons for the judgment of the court of first instance, except for supplementing the following reasons for the judgment, and thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

【Supplementary Judgment】 On March 17, 2015, if the Plaintiff, while knowing that the land to be used as a multiple site was the instant land adjacent to his/her house, issued his/her certificate of personal seal impression to H, then it is difficult to change his/her attitude after three months thereafter, and explain the grounds for the instant lawsuit.

The Plaintiff, with the knowledge of the Plaintiff’s “to use the Plaintiff’s land as a drainage site within a distance of 500 meters from the Plaintiff’s house,” and then came to know that “a third party who does not know at all, intends to use the instant land as a drainage site.” As such, it is natural to understand the foregoing change as seen above.

⑤ According to the evidence Nos. 6, 3, and 4, it is recognized that H, who was accused of forging and exercising the letter of consent to use as the multiple of this case by the Plaintiff, was subject to a disposition from the prosecutor of the Suwon District Prosecutors’ Office on December 24, 2015.

However, in order to be found guilty in criminal procedure, there is a need to prove the extent of excluding a reasonable doubt, and it is to recognize the fact that the plaintiff, who is the complainant in the investigation process, has a personal seal impression and a seal impression to H.

H tried to make a statement of the contents favorable to himself/herself on a food basis.

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