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(영문) 대구고등법원 2014.08.22 2014누4536
행정처분 무효확인
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 grounds for the plaintiff's assertion in the court of first instance while filing an appeal are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion even if the plaintiff added each description of evidence No. 36 to No. 41 submitted in the court of first instance.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance except for a partial change as follows. Thus, this court's explanation is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Each of the acts No. 17 and No. 15 through No. 16 of the judgment of the court of first instance, “A report on the installation of a septic tank with approximately 60 square meters on the instant land,” shall be changed to “A report on the installation of a septic tank with a capacity of about 10 square meters for a building with a total floor area of about 60 square meters located on the instant land,” (No. 24).

On November 30, 2012, the Plaintiff reported to the Defendant on November 30, 2012 that the purification tank is installed in a building with a total floor area of about 60 square meters on the instant land. On the other hand, when the Plaintiff filed a report on the installation of a septic tank, it cannot be deemed that the Plaintiff filed a report on the extension or alteration of the total floor area of a building with a total floor area of not more than 85 square meters under Article 14(1)1 of the Building Act.

2. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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