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(영문) 대구고등법원 2015.06.26 2014누6648
건축허가취소처분취소
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 the court's explanation concerning this case are as follows, with the exception of the rejection of each description (including serial number) of Gap evidence No. 49 or 60, which is insufficient to recognize the plaintiff's assertion as evidence submitted at the court of the first instance, and therefore, it is identical to the reasons for the judgment of the court of the first instance. Thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The "Tgu District Court" in the third column of the judgment of the court of the first instance shall be the "Tgu District Court racing support".

From the end of the 9th judgment of the first instance court, the second part of the second part "Appeal (Tgu High Court 2014Na2922)" is that "Appeal (Tgu High Court 2014Na2922), however, the appellate court was sentenced on April 30, 2015, and the judgment became final and conclusive around that time."

Fourth, the ruling of rejection of the decision of the first instance court is the "the ruling of rejection" of the fourth decision of the first instance court is "the ruling of rejection becomes final and conclusive by the ruling of rejection."

Article 11 of the first instance court's decision that "no evidence to acknowledge this exists" means "No evidence to acknowledge this" is found to have started to recover the real estate competition in the Daegu-Gyeongbuk area because it has not been long from the time when the building permit in this case was granted."

Then, “The fact that the instant land could not be resold due to the involvement of bromoer, as argued by the Plaintiff,” is added to “the fact that the construction of the instant building could not be justified for several years on such circumstance alone, even if it was impossible to do so due to the involvement of bromoer.”

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

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