beta
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff’s Intervenor, and the remainder are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. In a case where the issue is whether the defect in the beneficial administrative disposition in the ground of appeal No. 1 was caused by the party’s concealment or other fraudulent methods, the determination should be based on the basis of both the other party of the administrative agency and the person entrusted with the filing of the application by the relevant administrative agency and all relevant persons, including the person
(1) The court below determined that the application for the instant building permit was made by means of abolition or other fraudulent methods, taking into account the facts and circumstances stated in its reasoning, including the following: (a) the Plaintiff did not err in calculating the building-to-land ratio and floor area ratio by simple mistake or negligence as to the interpretation of relevant Acts and subordinate statutes; (b) the Plaintiff’s act of building sites at the height of 47.36 meters in height of the ground and the act of building-to-land ratio by pursuing the efficiency and economic feasibility of the sales facilities for large scale discount stores as much as possible; and (c) the Nonparty company’s act of building sites at the height of 47.36 meters in height of the ground and the act of raising soil in the space between two buildings cannot be confirmed to have obtained the permission; and (d) the Plaintiff’s preparation and submission of the building permit investigation report and inspection report to the effect that the building permit conforms to the building permit is the act of deceiving the permitting authority.
The judgment below
Examining the reasoning in light of the aforementioned legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on application for permission, permission for development, investigation of building permit, preparation of inspection report, and legal status of certified architect, contrary to what is alleged in the grounds of appeal.
2. Ground of appeal.