(영문) 서울고등법원 2019.11.22 2018누75278

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(영문) 서울고등법원 2019.11.22 2018누75278

건축허가신청반려처분취소

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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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance was presented additionally to this court.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, the reasoning of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 5 of the judgment of the court of first instance is in place 14. The following shall be added:

Since the part of the non-construction is essential to enter the land of this case, the plaintiffs asserts that the consent of the road management authority should be obtained to use the non-construction part. However, in full view of each land use, parking, entry plan (No. 1-9, No. 25-1, and No. 25-2) submitted by the plaintiffs, and photographs (including the numbers of evidence No. 19-21, No. 19-21, each of the above non-construction parts asserted by the plaintiffs, the passage of each land of this case seems possible even without going through the above non-construction part claimed by the defendant. Further, even if the plaintiffs are assumed that the above non-construction part is possible, considering the use status of the surrounding road and the ground of the non-construction part, it is reasonable to view that the above non-construction part is a road already being used for the commencement of use, and the above non-construction part does not constitute the land subject to the consent of the road management authority or the road management authority under the Enforcement Decree of the Mountainous Districts Act."

(4) The roads front of the N Elementary School shall be:

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유사 판례

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