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(영문) 대전고등법원(청주) 2019.04.02 2019누1099
가설건축물축조신고 불수리처분 취소
Text

1. The defendant's appeal is all dismissed.

2. All costs of the lawsuit 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, which is the same as that of the relevant part of the reasoning of the judgment of the court of first instance, is therefore cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Whether each of the dispositions of this case is legitimate

A. The plaintiffs' assertion and

B. Since the reasoning of the judgment of the first instance of relevant statutes is the same as that of each of the relevant parts, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. Determination 1) The former Building Act (amended by Act No. 14535, Jan. 17, 2017; hereinafter the same applies)

Article 20(1) of the Enforcement Decree of the Building Act provides that “A person who intends to construct a temporary building in an area planned for urban or Gun planning facilities or planned urban or Gun planning facilities shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.” On the other hand, Article 20(3) of the same Act provides that “A person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as disaster relief, entertainment, exhibition, construction work, shall commence construction after filing a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in accordance with the standards and procedure for the retention of a temporary building, and Article 15(5) of the Enforcement Decree of the Building Act specifically prescribes the retention period of a temporary building, and Article 15(7) of the same Act provides that when the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report on construction of a temporary building, after verifying.

under section 1.2.

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