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(영문) 서울고등법원 2013.05.31 2011누7245
건축허가(변경)처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows, except for the modification or addition of a part of the reasoning of the judgment of the first instance as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The Korea District Heating Corporation (hereinafter referred to as the "Korea District Heating Corporation") in the 16-17th sentence of the first instance judgment shall be changed to the intervenor, and accordingly, the "foreign Corporation" in the 19th sentence shall also be changed to the intervenor.

The supply quantity of the same four pages 11 shall be changed to the supply volume.

"The part of power facilities is excluded from the part of power facilities" in front of the same five pages (hereinafter referred to as "the same five pages").

The "disposition of change" in the same 5th parallel 8th parallel shall be changed to the "Disposition of change".

In the same five pages 5, 11-12, "the second amendment disposition", and "the second amendment disposition" are "the second amendment disposition".

Change to “.” The five pages are as follows. The Plaintiff’s ownership on September 2, 2006, 802, 804, 804, 809, 1403, 1403, 6 pages 1, 2006, 2006, 802, 804, 804, 2006, 809, 1403, 1403, 1, 2, 2, 6, 15, 2, and 15 (including the serial number), shall be changed to “(s) without dispute.”

2. Determination as to the principal safety defense of the defendant and the intervenor

A. This safety defense 1) The defendant is not entitled to standing to sue, and Articles 11 and 15 of the Building Act, which are the grounds for the disposition of this case, do not protect the legal interests of the plaintiffs, and also Article 12 of the Building Act, which refers to the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act").

Articles 56 and 58 are not relevant laws and regulations of the instant disposition, and even if so, the above provisions of the National Land Planning and Utilization Act constitute relevant laws and regulations.

Even if they are common, they are common to the general public.

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