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(영문) 서울고등법원 (춘천) 2018.12.17 2017누1006
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of some of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2.In addition, the following shall not be more than 5 pages 6 of the first instance judgment:

Unlike the judicial review of administrative acts falling under discretionary acts, the judicial review of administrative acts does not make an independent conclusion, taking into account the existence of public interest judgment based on the discretion of an administrative agency, and only examines whether the relevant acts are deviates from or abused from discretionary power, and the examination of whether such discretion is abused or abused is subject to the determination of mistake of facts and violation of the principle of proportionality and equality (see, e.g., Supreme Court Decision 2004Du6181, Jul. 14, 2005). As regards the deviation or abuse of discretionary power, a person disputing the validity of such administrative acts bears the burden of proof (see, e.g., Supreme Court Decision 87Nu861, Dec. 8, 1987). Article 7 subparag. 2 of the first instance judgment of “No. 3” is added to “No. 3, 10 or 17 evidence”, and the result of appraisal by the appraiserJ of this court.”

After the second sentence of the first instance judgment, the following shall be added.

5. When the appraiser of this court comprehensively shows that the application of this case is a prone topography.

The formation of a stoneate on the earth's surface refers to the existence of a large number of tin cancer in this region.

It basically plays a role as the oil of groundwater that flows into the earth's surface.

Therefore, since the existence of a stonein is caused by ground water by ground water, pollution of ground water is a direct cause that causes groundwater pollution.

There is a hole of a singing hole or sington.

This is why the use of land is carried out.

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