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(영문) 대전고등법원 2020.04.23 2019누12096
건축신고서 등 반려처분취소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance or supplementation of such judgment as stated in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. The total sum of above lands shall be added in front of paragraph 8 of the Second Part of the Contents to be removed or supplemented.

Each "Notification of Loss of the Construction Report of this case" in Part 17, 5, 11, 7, 9, and 15 shall be subject to each "Notification of Loss of the Construction Report of this case".

From the third bottom to the fifth "one day", the plaintiff shall add " September 11, 2017" later.

The 7-7-8 acts are modified as follows:

The Plaintiff asserts that the Defendants arbitrarily altered the relevant official document on September 27, 2017, on the grounds that in the document “a supplementary know about the report on the construction of a temporary structure” (Evidence No. 34) of the Defendant market on September 8, 2017, the civil petition number and the receipt number are different from that of the Plaintiff. According to the evidence No. 34, the number of the civil petition on the report on the construction of a temporary building stated in the above document that the Plaintiff as the addressee and the date of receipt of the civil petition shall be recognized as different from the civil petition number and the receipt date of the report on the construction of the temporary building in this case. However, according to the purport of the evidence No. 12, the Defendant market confirmed that there was a clerical error on the civil petition number and the date of receipt of the above document, and then corrected the above clerical error, it can be recognized that the documents were prepared and executed.

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