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(영문) 서울고등법원 2019.04.12 2018누72347
건축허가신청반려처분취소
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. Acknowledgement of the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance in addition to the following dismissal or addition, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Once the fourth decision of the first instance court is rendered, the following shall be added: "The decision and announcement of the growth management plan is planned" in Part 9 below:

In February 28, 2019, when the growth management plan is formulated in order to establish a growth management plan (II), the criteria for permission for development activities were publicly notified as restricted areas for development activities for a period of not more than four months in preparation for a significant change in the standards for permission for development activities.No. 5 of the judgment of the first instance, "No. 15" is added after "No. 3 through No. 13".

Part 5 of the judgment of the first instance court, "No. 13 of the A" No. 14 shall be added to "No. 17 of the A," and part 6 of the 5th 5th 5th 5 to 8 shall be added as follows.

Therefore, it is inappropriate to refuse the application of this case only by citing a vague level plan for the formulation of growth management plans. Meanwhile, even if the defendant's permission of development on February 28, 2019 is restricted and a topographic map is announced on February 28, 2019, the application of this case is planned as an industrial area.

2. The plaintiff's claim of this case is accepted on the ground of the reasons.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is groundless.

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