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(영문) 대전고등법원 2016.07.21 2015누13862
주택건설사업계획승인취소신청거부처분취소
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor joining the defendant.

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed or changed as described in the following paragraph (2). Thus, it shall be cited by Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Parts 3, 19 of Part 3, 3, 19, “Defendant A”, and each “Plaintiff” in Parts 11, 14, and 13, 9, and 11, respectively, shall be deemed to be an “ Intervenor”.

From Chapter 12 to Chapter 13, “A case in which a lawsuit seeking delivery of the instant structure is filed” was replaced by “A case in which a lawsuit seeking delivery, etc. of the instant structure was filed [the Daejeon District Court’s 2015dadan20134, 2015Gadan20141, Nov. 19, 2015] to be rendered a judgment of winning the entire case on November 19, 2015, and the Intervenor appealed to the Daejeon District Court’s 2015Na10901, 2015Na109018, 209018 (combined).”

3. In conclusion, the judgment of the court of first instance is legitimate. Thus, the appeal by the defendant assistant intervenor is dismissed. It is so decided as per Disposition.

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