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(영문) 서울고등법원 2018.10.25 2018누58990
사업시행계획변경인가처분등취소
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 first instance court rejected the claim to nullify the invalidity of this case, and accepted the claim to revoke this case, and only the defendant appealed against this claim, the subject of the judgment by this court is limited to the claim to revoke this case.

2. The reasoning of the court’s explanation as to the instant case is as follows: (a) except for the judgment on the claim to nullify the invalidity of the instant case (Articles 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, the same applies to the grounds of the judgment of the first instance; and (b) thereby, the court’s explanation as to the instant case is acceptable.

[The grounds alleged by the Defendant in this court are not significantly different from the assertion in the first instance trial. The correction notice of this case is "no corresponding matter" and it is difficult to recognize the validity as a correction because it changed the part of each of the roads of this case to exclude 716.63m2 from the transfer subject to free transfer. Thus, the Plaintiff's claim for cancellation of this case can be accepted on the grounds of its reasoning. Accordingly, the judgment of the court of first instance is justifiable, and the Defendant's appeal is dismissed as it is so decided as per Disposition.

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