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(영문) 수원고등법원 2020.05.13 2019누14212
자진철거처분 등 취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance is that “the assertion of deviation from or abuse of discretionary power” in the judgment of the court of first instance omitted, and examining all the circumstances, including “the ground provisions of the disposition of this case (Article 10 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry) and the advertisement of this case were not required, or illegal advertisements for which the display period has expired,” and it does not seem that the disposition of this case to the effect that, solely on the circumstances cited by the plaintiff, the plaintiff voluntarily remove the advertisement of this case, and that, if not performed within the time limit, the administrative vicarious execution would be carried out is not deemed to have been exceeded and abused. The plaintiff’s assertion is identical to the reasoning of the judgment of the court of first instance, except for the addition of “the plaintiff’s assertion is without merit,” and thus,

2. Conclusion, the first instance judgment is justifiable, and the Plaintiff’s appeal is dismissed.

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