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(영문) 대전고등법원 2017.05.25 2016누13692
산업단지지정(개발계획)변경ㆍ고시처분 취소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's notice was announced by No. 2016-102, Mar. 30, 2016.

Reasons

1. The plaintiff, in the scope and order of the adjudication of this court, around the first instance court, shall be 6. (d) of the notice of the designation of the general industrial complex of the 5th National Industrial Complex (development plan) and the alteration of the implementation plan thereof (hereinafter “instant notice”) publicly notified by the defendant around March 30, 2016, publicly notified by the defendant on March 30, 2016.

13) Sub-sections (Limitation on Business Area) added to the plan for waste disposal facilities (amended) (hereinafter referred to as “instant sub-sections”).

The revocation of the part of the notice of this case, preliminaryly, the revocation of the part of the plan (amended) among the notice of this case, and the revocation of the part of the plan (amended) among the notice of this case were filed with each of the second preliminary claims. Accordingly, the court of first instance dismissed the primary claims and the first preliminary claims, and accepted the second preliminary claims, and only the defendant appealed. The plaintiff's primary claims and the first and second preliminary claims are accepted only one of the claims, which can be compatible with the plaintiff's objective. Thus, if any of the claims is accepted, the plaintiff's primary claims can be deemed as selective claims, and they cannot be deemed as having a legal primary preliminary relationship. As such, in the case of selective consolidation, several claims are indivisible in the judgment of the first instance, so long as the defendant appealed against the judgment of the first instance, the whole selective claims of the plaintiff are transferred to the appellate court, and thus, they are subject to the judgment of the court of first instance. Moreover, the court of first instance is permitted to consolidate the conjunctive claims that limited the order and scope of the trial by the parties' primary claims (see the above preliminary claims.

2. Quotation of judgments of the first instance;

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