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(영문) 서울고등법원 2015.08.19 2014누68524
창업사업계획승인신청불가처분등취소
Text

1. The plaintiff's appeal is all 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, which cited the case, is as follows: ① (a) the "Act" in Paragraph (5) in Paragraph (2) in Paragraph (2) in Paragraph (6) in the grounds of the judgment of the court of first instance shall be dismissed to "the same Act"; and (b) the ground of the judgment of the court of first instance, except for adding the following judgment

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary Decision] ① The Plaintiff asserts that each of the dispositions of this case shall be revoked on the ground that the Defendants, as well as the necessity or rationality, has been lacking, and that there is a deviation or abuse of discretion, such as arbitrary discrimination against the Plaintiff.

In light of Article 37 of the Farmland Act, Article 33 of the Enforcement Decree of the Farmland Act, Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act, each of the dispositions of this case constitutes discretionary action by the Defendants, an administrative agency

In addition, the burden of proof is borne by the party asserting that the administrative agency has abused or abused its discretion.

(2) The lower court determined that each disposition of the instant case was taken within the scope of discretionary power prescribed by relevant statutes, based on the following circumstances: (a) the Defendants’ assertion and evidence presented by the Plaintiff is insufficient to deem that they exceeded and abused discretionary power in rendering each disposition of the instant case. In so doing, the lower court did not err by misapprehending the legal doctrine on the scope of discretionary power, as otherwise alleged in the ground of appeal.

The plaintiff's assertion on this part is without merit.

② The Plaintiff asserts that each of the dispositions of this case is unlawful in violation of the principle of trust protection.

However, in the case of the defendant Pakistan-si, the case of this case to the plaintiff.

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