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(영문) 대전고등법원 2020.12.10 2020누11983
시정명령처분취소
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate even if the allegations are re-examineed with the evidence

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance or supplementation of such judgment as stated in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. The plaintiff in Part 6 of the second part of the contents of the dismissal or supplementation shall later add "a project proprietor who implements a housing construction project under the Housing Act and who places an order for construction to a construction enterprise".

Part 2 of Part 14 provides that "the corrective order of March 19, 2019 and the corrective order of April 30, 2019" shall be issued as "the corrective order of February 7, 2019 and the corrective order of March 19, 2019".

At the bottom of the 5th place, the 4th apartment building "self-construction of the apartment of this case" has been built as "the construction project proprietor of the apartment of this case who has ordered the new construction (construction) to the construction enterprise".

The following shall be added subsequent to the 7th sentence "........."

In addition, allowing not only the owner, owner, but also the contractor, on-site manager, manager, and occupant to issue a corrective order under the Building Act may, if necessary for the correction of the violation under the Building Act, be deemed to have opened the possibility of issuing a corrective order to the other party who is not holding the right to dispose of the building. The part of the 6th "no other than this is allowed."

As long as the owner is in a legal or de facto position to implement the corrective order, only the person who is most appropriate among those persons must be ordered to order the corrective order.

person or persons involved; or

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