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(영문) 서울고등법원 (춘천) 2018.09.17 2018누277
건축허가신청반려처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the defendant added a decision on this safety defense added by the court of first instance. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The amendment shall be made from the last parallel to the fourth parallel of the judgment of the first instance as follows.

“A) The relationship between the instant land, access roads, etc. is as follows: The width of the instant land (hereinafter “Plaintiff’s land”) from among the access roads to the instant land is 5.7m., and the width of the front road of the instant land (hereinafter “the instant land”) is 5.7m, and the lower road of the D senior citizens’ hall is able to pass toward the two directions

In the access road of this case, some of the roads caused by water erosion are one-way roads, and the parking zone line is divided, and the width of the remaining lane is at least 5.4m and maximum 6.3m, except the parking zone.

On the other hand, the specific direction of passage of the land in question and the land in question is as follows.

The following shall be added to the fourth (forest 1) of the judgment of the court of first instance (forest 1-1) (hereinafter referred to as "Evidence") No. 5 of the judgment of the court of first instance (hereinafter referred to as "Evidence No. 18, 19, 21, 35, 41, and No. 3). The following is added to "No. 18, 21, 35, 41, and No. 3 of the evidence No. 5 of the judgment of the court of first instance. The number of acts No. 12 through No. 617 of the judgment of the court of first instance is as follows:

(2) As a result, the instant road was constructed as a sub-section when the main national land management authority opened a bypass road of 5 lines of national highways, and the existing road was obstructed. The instant access road and the instant access road, which is the land constituting a bypassing road, are all categorized as a road, and both land F and G are designated as a road zone under the Road Act, and is owned by the main city.

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