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(영문) 부산고등법원 2020.10.30 2020누21463
등록불가처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as the reasoning of the judgment of the court of first instance, except for the entry of a part of the judgment of the court of first instance or a partial addition of the judgment, as set forth in the following paragraph (2). Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Each “this Court” of the second 13 and 14 pages 2 of the first instance judgment (hereinafter omitted) shall be deemed to be “Bansan District Court”.

Part 5 of Part 13 "A 3, B 4, 5, 6, and 8" means "A 3, B 4 through 6, 8, 10, 14."

Part 6 "A 8, 9, and 2" of Part 8 shall be referred to as "A 8, 12, and 2".

The third page of the 7th page shall be referred to as "legal face".

Part 7 (5) shall add to the following judgments:

In determining whether the defendant's registration of animal funeral facilities is possible, the defendant asserts that it is not prescribed as the basis for determining whether it is possible to install exceptional animal funeral facilities. However, the proviso to the proviso to the provision of this case provides that "the relevant facility (referring to the dry field in this case) does not interfere with the function, use, etc. of the relevant facility," and as seen earlier, considering the Highway located between the instant dry field and the instant building and the location, height, etc. of the Act on the Highway and the Road, it is difficult to deem that the construction of the instant building interferes with the function, use, etc. of the dry field of this case. In addition, the plaintiff is seeking to engage in animal funeral business using the internal facility of the instant building, the alteration of the landscape of the surrounding area of the instant building is not caused according to the registration of animal funeral business."

No. 7.

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