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(영문) 서울고등법원 2015.04.23 2014누66955
주택재개발사업시행인가처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The appeal cost includes the part resulting from the supplementary participation.

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the partial dismissal or addition as set forth in the following paragraph (2). As such, the reasoning of the court’s explanation of this case shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article

2. A portion used for adding or cutting;

(a) by inserting the “calculated” in Part 13 of the second page into “estimated”; and

(b) Parts 5, 13 through 15 of the 5th page [Article 13, 6] and the part from 1 to 10 of the 6th page [Article 1, 1, 2, and 7] are deleted.

(c) by striking from 15 to 17, the part of the 7th “the Plaintiff does not have a place of origin” shall be deleted, and the following shall be added to the 18th:

“On the other hand, the Plaintiff alleged that the instant disposition was unlawful since the Defendant did not properly examine the defects in the instant project implementation plan despite the foregoing defects. However, there is no evidence to acknowledge that the Defendant neglected to conduct an examination as alleged by the Plaintiff while rendering the instant disposition. Therefore, the Plaintiff’s above assertion is without merit without having to examine them.”

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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