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(영문) 광주고등법원 2019.01.31 2018누5238
개발행위허가처분취소
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 reasoning of the court’s explanation concerning this case is that of the first instance judgment, except for the modification of the pertinent part of the reasoning of the first instance judgment as follows. Thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part II, the 10th Amendment, “ February 23, 2017,” as “ February 24, 2017,” respectively.

Part 3 "K" and part 9-10 with "G," and part 9-10 with "National Land Planning Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter referred to as "National Land Planning Act")."

Part 4, 12-13, the main part is "(amended by Presidential Decree No. 28521, Dec. 29, 2017; hereinafter the same shall apply)".

In Chapter 5, following the 15th sentence (see, e.g., Supreme Court Decisions 2013Du6824, Nov. 13, 2014; 2015Du39590, Jul. 9, 2015).

On April 24, 2018, the Defendant rendered the instant disposition by applying Article 12(1)3 of the current Ordinance on the Urban Planning of Leisure City (amended and enforced by the Jeonnam-do Ordinance No. 1265, Apr. 19, 2017) Article 22(2)4 of the former Ordinance on the Urban Planning of Leisure City (amended and enforced by the Jeonnam-do Ordinance No. 1265, Apr. 19, 2017), which prescribes the gradient of the land below 25 degrees. The Defendant, in the preparatory brief dated April 24, 2018, applied the Ordinance on the Urban Planning (hereinafter “the Defendant”) at the time of receipt of the application for permission for development activities by the Defendant Co., Ltd. (hereinafter “G”), thereby allowing the instant development activities by applying Article 22(2)4 of the said Ordinance.

It is clearly stated that “..” is added.

The 8th parallel 9 to 13th parallel 4th parallel are as follows.

"(4) The amendment bill was passed by the Economic Construction Committee of the Council on March 29, 2017, and passed on April 3, 2017 at the plenary session of the Council. G applied for permission for development activities on April 4, 2017 following the following day, and the pre-announcement of legislation of the municipal ordinance or the decision of the internal decision of the Council on May 3, 201.

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