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(영문) 대구고등법원 2019.04.05 2018누4718
공장설립불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

① The 5th and 7th parallel of the judgment of the court of first instance “ ② adjoining to the road of 6-8 meters wide (in the construction arrangement map attached to the business plan submitted by the Plaintiff, the width of the road is six meters specified, but the Defendant recognizes that the width of the road is eight meters)” is close to the road between 5.8 and 6 meters wide.

② On August 7, 2018, the first instance court rendered a ruling dismissing the Plaintiff’s appeal on November 19, 2019, the first instance court rendered a ruling dismissing the Plaintiff’s appeal on November 19, 2019, stating that “The Plaintiff was dissatisfied with the said ruling and appealed to the Daegu High Court (2018Nu4077) on August 7, 2018, and currently the appellate court is pending.”

③ The last parallel of the judgment of the first instance is that “A road with a width of 6 to 8 meters is installed in front of the site of the instant application” in the last parallel of the judgment of the first instance. “A road with a width of 5.8 to 6 meters is installed in front of the site of the instant application.”

2. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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