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(영문) 서울고등법원 2018.11.14 2018누60740
건축허가신청반려처분취소
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 of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is modified as follows 2. Thus, it shall be cited as it is in accordance with Article 8(2) of

2. The following is added to the right side of the fourth 8 pages of the amendment. In addition, the application for the permission of this case is not in harmony with the surrounding environment, such as the actual condition of the land in the surrounding area, or is likely to cause noise, traffic congestion, etc. to the surrounding area. The ground for the disposition of this case also includes such purport, and if not, the reason for the disposition of this case is added or modified. Accordingly, the disposition of this case is lawful as discretionary action conducted pursuant to Articles 56(1) and 58(1)4 of the National Land Planning and Utilization Act, Articles 51(1)1 and 56(1) [Attachment 1-2] subparagraph 1(d) of the Enforcement Decree of the National Land Planning and Utilization Act, Article 51(1) of the National Land Planning and Utilization Act, Article 58(1)4 and (3) of the National Land Planning and Utilization Act, Article 56(1)1(d) of the Enforcement Decree of the National Land Planning and Utilization Act, and Article 56(1)1(e)1)1-2(d) of the National Land Planning Act.

If the case is defined as an indefinite concept, the outline of the prohibition

In judging whether a building constitutes a case, the administrative agency has discretion, so the building permit of a building in the urban area designated by the National Land Planning and Utilization Act belongs to the discretionary act.

On the other hand, if administrative acts are classified into binding acts and discretionary acts, the judicial review of the two parties is a certain conclusion through the fact-finding and the interpretation and application of the relevant laws and regulations due to the principle continuity of the former in the case of the former.

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