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(영문) 서울고등법원 2019.08.23 2019누35468
건축허가사항변경불가처분취소
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 judgment of the court of first instance, citing the instant case, is the same as that of the judgment of the court of first instance, except for the part resulting in a dismissal or addition as follows, and thus, it shall be quoted pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(2) The Defendant’s assertion in the trial does not significantly differ from the contents of the Defendant’s assertion in the first instance trial, and even if all of the evidence submitted in the first instance and the first instance trial were examined, the judgment of the first instance court that rejected the Defendant’s assertion is justifiable). [The part to be cited or added] On the second and second parts of the judgment of the first instance, the following shares are added to the portion of “B, etc., and three parcels, respectively.

Although the site location is indicated as “B, G, H, I” or “B and three parcels, etc., in the case of B, B, and three parcels,” the disposal statement (which knows that the modification of the construction permit is impossible) is written as “B, B, and three parcels, etc., in the case of B, B, and the Plaintiff’s application form for modification of the construction permit,” the disposal statement is written as “B, etc., in the case of B, B, H, I, or B,” and the above written disposal statement appears to be written as “

An appeal (from 3 pages 7 to 18 of the judgment of the court of first instance) is raised as follows.

C. According to Article 56(1) of the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018) and Article 51(1)1 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 30031, Aug. 6, 2019), a person who intends to engage in an act falling under construction of a building under Article 2(1)2 of the Building Act (which has a roof and columns or walls among structures settled on land, and facilities attached thereto) shall obtain permission for development. A person who intends to obtain permission for construction under the Building Act shall be deemed to have obtained permission for development under the National Land Planning and Utilization Act (Article 11(1) and (5)3 of the Building Act). Accordingly, Article 12(1) of the Building Act shall be deemed to have obtained permission for development under the National Land Planning and Utilization Act.

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