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(영문) 서울고등법원 2010. 2. 10. 선고 2009누18631 판결
[완충녹지지정의해제신청거부처분의취소][미간행]
Plaintiff, Appellant

Plaintiff 1 and three others (Attorney Lee Young-young, Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

Goyang market (Law Firm TelviS, Attorneys Park Ga-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

January 20, 2010

The first instance judgment

Suwon District Court Decision 2008Guhap3406 Decided May 26, 2009

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's rejection disposition against the plaintiff 1, 2, and 3 on May 23, 2008 against the application for the cancellation of the designation of buffer green areas and the rejection disposition against the application for the cancellation of the designation of buffer green areas filed with the plaintiff 4 on June 29, 2008 shall be revoked respectively.

2. Purport of appeal

The judgment of the first instance is revoked, and all the plaintiffs' claims are dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's reasoning is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the part that "the noise measured at the current high-sea market area is within the standard level prescribed by relevant Acts and subordinate statutes, such as the Framework Act on Environmental Policy, and the noise measured at the present high-sea market area is within the standard level prescribed by relevant Acts and subordinate statutes, such as the Framework Act on Environmental Policy, or is adjacent thereto," among the reasons of the judgment of the court of first instance, it refers to Article 8 (2) of the Administrative Litigation Act and Article 420

2. Conclusion

Therefore, the plaintiffs' claim of this case shall be accepted in its entirety on the grounds of its reasoning, and the judgment of the court of first instance is just in its conclusion, and the defendant's appeal against the plaintiffs is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

For the purpose of this title, the majority of the judges

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