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(영문) 서울고등법원 2019.06.07 2018누75261
시정명령 등 처분무효확인
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 reasons for admitting the reasoning 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 additional contents. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 5 of the decision of the first instance shall add the following:

“4) The Plaintiff asserts that the tin axis located on the land B is installed by the construction company, etc. while constructing the tin shed, and that there is a justifiable reason to avoid restoring the said tin shed to its original state due to the risk of collapse or the risk of ground collapse as the tin shed may not be restored to its original state.

However, it is insufficient to recognize that the images of No. 2-1, No. 20, No. 21-1, No. 21-2, and No. 22-1, and No. 22-2 are not sufficient to recognize that the restoration of tin located in the land B would pose a risk of collapse as the tin, or risk of collapse of land No. 2, etc., and there is no other evidence to prove otherwise.

5) The Plaintiff asserts to the effect that: (a) the Plaintiff issued a corrective order on the access road installed on the I land for the purpose of linking the current state of the village with the access road; (b) the Plaintiff’s issuance of the corrective order on the access road installed on the I land was unlawful. However, according to the entries and images of the evidence No. 2-1, No. 2-1, No. 8, 6, 25, and 26 of the E land, the Defendant issued a corrective order on the part used as a parking lot not related to the access road among the 506 square meters of the E land, and there is insufficient evidence to acknowledge that the entries and images of the evidence No. 25, No. 26 of the evidence No. 25

2. Conclusion, the Plaintiff’s claim of this case is dismissed for lack of grounds.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is groundless.

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