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(영문) 대구고등법원 2018.10.19 2018누3876
건축허가처분취소
Text

1. The judgment of the first instance is modified as follows according to the selection of the appointed parties at the appellate court.

Reasons

1. The reasoning of the judgment of the court concerning the instant case cited in the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Judgment of the court of the first instance as to the evidence duly adopted and examined by the court of first instance (hereinafter “Plaintiff”)

(2) The court below's findings and determination of facts in the first instance court are justifiable in light of the evidence Nos. 8 through 11 submitted by this court, and there were no errors as alleged in the grounds for appeal by the plaintiff. However, since the appellate court's selection was made in the appellate court, "the plaintiff" in the first instance judgment is deemed to be "the plaintiff and the designated party," "the plaintiff B" to be "the selected party B, and "the plaintiff C" to be "the selected party C," respectively). 2. Thus, the lawsuit in this case shall be dismissed as unlawful.

However, since both the Plaintiff and the designated parties who were joint reporters in the first instance court were selected as the designated parties, it cannot maintain the judgment of the first instance court as it is.

Therefore, the decision of this court between the plaintiff and the defendant selected as the appointed party is re-written and the decision of the court of first instance is modified as shown in the Disposition.

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