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(영문) 수원고등법원 2019.07.17 2019누10364
사용승인부작위위법확인
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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following judgments as to the newly asserted matters by the plaintiff in this court under the 8th sentence of the judgment of the court of first instance, and therefore, they are cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

“A separate lawsuit is filed against this, the Plaintiff asserts that a violation of Article 22(2) of the Building Act is not identical to the claim of this case. However, considering the overall purport of the pleadings as to the entries in the evidence Nos. 11 and 27, the Plaintiff’s assertion that the Defendant did not issue a letter of approval. Thus, the separate lawsuit and the lawsuit of this case are still asserting the same Defendant’s omission of approval for use, and seek compensation for damages. Accordingly, the Plaintiff’s assertion that the separate lawsuit and the lawsuit of this case are different from the claim of this case cannot be accepted. Even if the separate lawsuit are different, the omission of approval for use is unlawful, and the lawsuit of this case is not the object of a civil lawsuit, not the object of a civil litigation, and thus, the lawsuit of this case is unlawful.”

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.

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