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(영문) 대전고등법원 2020.05.14 2019누10878 (1)
개발행위 변경허가신청 불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s grounds for appeal cited in the judgment of the first instance are not significantly different from the allegations in the first instance court, and the fact-finding and judgment of the first instance court are justified even if the parties’ claims are examined by adding the evidence submitted to the court in the first instance to the evidence submitted in

Therefore, the reasoning of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. The altered part of the 2nd sentence “1,263kW” in the 7th sentence shall be read as “1,263.5kW”.

From the second bottom to the third end, the following shall be added:

The Plaintiff submitted a damage prevention plan along with the instant application, and the main contents of the damage prevention plan are as follows. In creating a site in accordance with the standards for recovery of mountainous districts, the part where sloped land occurred is stable with the installation of reinforced block and the installation of string seed seed spacks (spacks) in the part where the sloped land was located, and in preparation for safety accidents by installing pents, drainage facilities are installed in preparation for excellent cities, connection with the existing drainage channel (draws), and a plan to prevent damage from occurring through spacks, the “24,462 square meters” in Article 4-17 of the “24,67 square meters” shall be deemed as “24,67 square meters.”

The 5th Preliminary Impact Review Report (A7) shall be deemed to be the "Prior Disaster Impact Review Report (A10)".

The third place of the third place of the upper part of the fifth top part of the table shall be referred to as the " surrounding area".

The following shall be added at the last place below the upper end in the fifth table:

In addition, this project has maintained undeveloped land so that human resources do not occur by maintaining undeveloped land, and it has been planned to use and dispose of the land by using the remaining soil generated from the ground-breaking of the structure in the course of development for covering it to the surrounding soil at the site, along with the basic and drainage routes for the installation of the structure:

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