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(영문) 서울고등법원 2015.02.12 2014누40311
주택건설사업계획승인신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a)the following shall be added between conduct 7, 15 and 16, of the first instance judgment:

(13) Meanwhile, on April 30, 2012, prior to the date of the instant disposition, the Defendant notified the Intervenor’s association of the implementation of a hearing to determine whether the authorization for establishment of the said association was revoked, and requested the Intervenor’s association to present its opinion thereon. On May 18, 2012, the Intervenor Union notified the Intervenor’s association of the fact that the Intervenor’s association would continue the Plaintiff’s land return and the claim for damages against the Defendant’s construction and that the Plaintiff would continue the Plaintiff’s local housing business on the said land, and that the Intervenor’s association would continue the Plaintiff’s establishment for the next two years. (14) On November 14, 2012, the Defendant submitted to the Defendant an opinion that the Intervenor’s authorization for establishment would be revoked on the basis of the relevant provisions, and that the Intervenor’s association notified the Intervenor’s association of the content that the Plaintiff would promote the project plan soon after the application for business plan was made, such as the Intervenor’s statement at the time of the hearing.

B. (13) Part 16 of the 7th decision of the first instance court "(13) Union of the Intervenor" shall be written by "(15) Union of the Intervenor."

(c) from 7th day of the first instance trial to 8th day of the first instance trial, the phrase “B Nos. 1, 2, 3, 4, and 5” has been written with the phrase “B Nos. 1 through 9 (including the branch numbers if there is a serial number).”

The following details shall be added between the 8th sentence of the first instance and the 10th sentence:

(b).

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