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(영문) 광주고등법원 (전주) 2018.10.15 2018누1355
건축공사중지명령처분취소
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 cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the cases where the part stipulated in paragraph (2) below is dismissed, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. Under the second page of the judgment of the court of first instance, the term “instant disposition” in the second sentence is as follows: “10 to 13”; “10” in the third sentence is as “10 to 13”; “4. The legality of the instant disposition” in the fourth sentence is as follows; “4. Determination”; “5.” in the fourth sentence is as “4. Determination”; “A legal basis for the disposition”; “(b) whether there exists a legal basis for the disposition; “(3) 18.” or “a deviation or abuse of discretionary power”. “A deviation or abuse of discretionary power” as “a deviation or abuse of discretionary power,” “h. 7. 18. 4” and “h. 8. 4. . . . . . . . . . . .. .. .. . . . .. .. .. ... ... ... ...... .....” as “a deviation or abuse of discretionary power”. “;

【B The Defendant did not assert or prove the specific details of the damage incurred when the instant friendship was newly constructed, in the event that the instant friendship was newly constructed due to the debrisoning of the instant filing site, that would cause damage to the living environment of neighboring residents, such as malodor, air quality, water quality, noise, vibration, etc. The environmental interest of neighboring residents would be more serious than the disadvantage the Plaintiff would suffer.

B. On the 5th and 7th of the judgment of the court of first instance, the part “from “the suspension order of construction” to “the 6th and 7th of the judgment”) and the part “the 7th of the 12th to 15th of the 15th of the 15th and the 8th of the 7th of the 7th of the 7th of the 1st instance judgment shall be deleted.” In addition, “the 7th of the first instance judgment, the 7th of the 7th of the 7th of the 1st instance judgment, the 5th of the 5th of the 5th of the 1st of the 5th.

The revocation of one administrative disposition shall be made for the addition or modification of the grounds for the disposition.

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