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(영문) 수원고등법원 2019.06.12 2019누10111
개발행위불허가처분취소
Text

1. The plaintiff's appeal is 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 reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for the following "the part which is dismissed or added", and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Part V of the judgment of the court of first instance, which is dismissed or added, is " from No.4 to No.5 of the judgment of the court of first instance, 9 of the same page."

No. 4. The Disposition of this case was made to the purport that the development activities cannot be permitted until a comprehensive development plan for one of the instant applications is established, rather than a full and partial permission for development activities for one of the instant applications, and the following judgments are added to the sixth and seventh instances of the first instance judgment.

In order to avoid Article 63 of the National Land Planning Act, which provides for the prior procedures to be observed by the Defendant when there is a need for public interest in the restriction on urban planning, the Plaintiff asserts that the instant disposition was unlawful since it applied Articles 56 and 58 of the National Land Planning and Utilization Act, which are mandatory provisions to be observed by the Defendant. However, the instant disposition was asserted to the purport that the instant disposition was unlawful. However, the instant disposition is a separate disposition that differs from the restrictive disposition based on Article 63 of the National Land Planning and Utilization Act, Article 56 of the same Act, which differs from the underlying provisions, purport, procedure, etc. of the restriction on development activities based on Article 63 of the same Act, and there is no

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.

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