(영문) 대전고등법원 2020.02.06 2019누12065

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Text

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자간(%)

(영문) 대전고등법원 2020.02.06 2019누12065

건축허가취소처분 및 배출시설변경허가취소처분 무효확인 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. Preliminary. Of the instant lawsuit

Reasons

1. The grounds for this part of the disposition are the same as the corresponding part of the judgment of the court of first instance (from 2, 10, 200 to 4, 300). Thus, the grounds for this part are cited in accordance with Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure

However, the "Witness F" of the last 4th parallel shall be changed to "F of the first instance trial witness".

2. The grounds for this part of the relevant statute are as stated in the corresponding part of the judgment of the court of first instance (including the corresponding part). Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

except that the following shall be added to the end of section 15, paragraph 17:

"However, in cases falling under subparagraphs 1 through 4, 12 and 13, permission for the installation or alteration of emission facilities shall be revoked, or an order for the closure thereof shall be issued."

3. Judgment on the main claim

A. The reasoning for this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance (Articles 8(2) and 420 of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act.

B. The reasoning for this part of the judgment on the assertion of procedural defects is as stated in the corresponding part of the judgment of the court of first instance (Articles 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, and this part of the judgment is cited.

C. The reasoning for this part of the judgment on the assertion of defects in the application of statutes is as follows, in addition to the corresponding part of the judgment of the court of first instance (from 7, 10 to 10, 13) of the corresponding part of the judgment of the court of first instance ( from 7, 10 to 10, 13) and the corresponding part of the judgment of the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with

Therefore, it newly constructs a "livestock excreta discharge facility" on the ground of the disposition in this case.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

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