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(영문) 서울고등법원 2019.12.20 2019누41265
사용허가취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Even if the evidence submitted additionally by the plaintiff at the quoted trial of the first instance court, the fact-finding and legal judgment of the first instance court are justifiable in light of the evidence submitted additionally by the defendant as a result of the on-site inspection by the court of first instance.

Therefore, the reasoning of the judgment by the court concerning the instant case is as follows, except for the addition or dismissal below to the reasoning of the judgment on the grounds of appeal and the addition of the main text of the judgment on the grounds of appeal in Paragraph 2 below, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

The evidence No. 44, No. 17, and No. 17, and No. 3, No. 4, and No. 22 shall be added among documentary evidence 7, 10, and No. 7, and No. 3, 4, and 22 shall be excluded.

In the first instance court’s 7th sentence, “the result of the on-site inspection of this court” in the first instance court and this court’s each on-site inspection, and adding “the time of the instant disposition” in the front of “the current status of the use of the instant parking lot” in the same conduct.

On the 7th page of the first instance judgment, the following is added to the “off-road parking lot” of 14 pages.

【On June 10, 2015, the Defendant approved on June 10, 2015, the change of the total number of 240 pages B to 221 pages B (19 pages) of the parking zone line in the instant parking lot. The number of 19 parking zone lines are as follows: seven (7) the left side of the main entrance and exit of the parking lot, four (4) the right side of the main entrance and exit of the parking lot, and eight (8) the right side of the main entrance and exit as follows:

(5) Meanwhile, I and L Co., Ltd. pay 57 million won per month to J Co., Ltd. which substantially manages the instant parking lot in accordance with the consignment management contract with the Plaintiff as parking fee. From the 9th sentence of the judgment of the first instance, the following is added to 4th sentence below.

In addition, the plaintiff has received legal advice for the defendant's response as of June 21, 2016 and the response as of June 21, 2016 (A evidence 9-1 and 2).

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