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(영문) 대구고등법원 2014.12.12 2014누5553
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) evidence submitted in the court of first instance, which is insufficient to acknowledge the plaintiff's assertion, and the plaintiff's assertion emphasized in the court of first instance, is the same as the reasoning of the judgment, except for addition of the judgment on the plaintiff's assertion, which is insufficient to acknowledge the plaintiff's assertion as additional evidence submitted in the court of first instance; and (b) thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional matters to be determined;

A. The Plaintiff’s assertion (1) Article 7(1) of the Electric Power Source Development Promotion Act, which applies mutatis mutandis to any prearranged area of the instant land pursuant to Article 11(1) and (4) of the Electric Power Source Development Promotion Act, provides that, in cases of granting permission for construction of a building or other dispositions, the Minister of Trade, Industry and Energy shall consult with the Minister of Trade, Industry and Energy (hereinafter “the Minister of Trade, Industry and Energy”) on “after the approval of the implementation plan.” In this case, the report in this case did not require consultation with the Minister of Commerce, Industry and Energy. Thus, despite the need for consultation with the Minister of Commerce, Industry and Energy, the Defendant erred in the disposition in violation of the provisions of Article 7 of the Electric Power Source Development Promotion Act, and ② the Plaintiff’s previous report in the relevant lawsuit, etc. was made by the court that it is possible to construct a detached house on the instant land located within the prearranged area of the electric power source development project. However, it is unreasonable to deem further consultation with the Minister of Construction and Transportation as necessary.

B. Article 5(1) of the Electric Power Source Development Promotion Act concerning the necessity of consultation with the Minister of Commerce, Industry and Energy for determination 1.

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