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(영문) 서울고등법원 2017.02.03 2016누69668
부작위위법확인
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the court's decision to this case under paragraph (2) of this Article, and therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of

2. The plaintiffs' additional decision in this court asserted as the grounds for appeal that "the plaintiff has the right to request the State or local government to take preventive measures against the damage caused by noise and vibration, and the noise exceeding the noise level under the Noise and Vibration Control Act is generated due to the construction of the defendant's new road according to the evidence submitted by the plaintiffs, so the defendant's refusal disposition in this case should be revoked or the defendant's omission against the plaintiff's application should be confirmed to be illegal."

The above assertion by the plaintiffs in this court is not different from the contents of the plaintiffs' assertion in the first instance court. The first instance court's decision that rejected the plaintiffs' assertion even if all the evidence submitted in the first instance court was examined, and that all the lawsuit in this case was dismissed is justified.

3. Therefore, the judgment of the court of first instance which dismissed the plaintiffs' claim as stated in the conclusion is justifiable, and all appeals by the plaintiffs are dismissed without merit, and the costs of appeal shall be borne by the losing plaintiffs.

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