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(영문) 서울고등법원 2019.02.08 2018누60009
장기미집행 시설 해제입안신청 반려처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this judgment of the court of first instance are as follows, except for dismissal or addition as follows:

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. 11. The following shall be added in the front of the 3rd page 11.

Pursuant to Article 8 of the National Land Planning and Utilization Act on April 11, 201 and Article 52 of the Tourism Promotion Act, “public announcement of detailed designation for facilities of urban management planning (Eo amusement park)” in 13 Myeon 3 of the “public announcement of designation for a tourism complex (a change)” is deemed to be “public announcement of detailed designation for facilities of urban management planning (Eo amusement park)”.

3. The following shall be added on the one hand, on the other, on the 16th page:

Pursuant to Article 56 (2) of the Tourism Promotion Act, the phrase “35 evidence” in 11 of the 4th 4th 11th 1st 1st "the approval of the development plan becomes invalid due to the non-Commencement of the E-tourism complex development project within the deadline shall be read as “the statement and image of 35 evidence (including the number number)

The 5th 17th 20 parallels are as follows:

“Administrative agencies shall, in principle, present the grounds and reasons for dispositions to the parties when rendering dispositions (Article 23(1) of the Administrative Procedures Act). In cases where the parties have presented the grounds to the extent that the parties can know the grounds for the dispositions when rejecting permission, etc. filed by the parties, the dispositions cannot be deemed unlawful on account of the grounds that the grounds and reasons for the dispositions

In such a case, the “case of presenting the grounds” shall be considered comprehensively taking into account the contents of the written disposition, relevant statutes, and the overall process, etc. up to the disposition, and it is sufficiently possible to find out what grounds and grounds the parties were made at the time of the disposition, and there was no particular obstacle to the administrative remedy procedure.

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