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(영문) 광주고등법원 2021.01.22 2020누11823
건축불허가처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are in the judgment of the court of first instance.

Reasons

1. The court's ruling of this case, which cited the judgment of the court of first instance, dismissed "J water quality salt" as "J water pollution" under the second part of the second part of the 4th Schedule of the judgment of the court of first instance, and deleted the part of the "decision as to the argument related to the ground for disposition 1" under the second part of the 6 fourth to the 7th fourth to the 7th second half of the judgment of the court of first instance. The defendant made it clear on December 11, 2020 that the grounds stated in the 1 disposition among the second part of the judgment of the court of first instance, are not asserted as legitimate grounds for disposition of this case.

Therefore, it is not necessary to determine the plaintiff's assertion that argues the illegality of the ground for Disposition 1.

Article 98(2) of the Civil Procedure Act and Article 420 of the Civil Procedure Act are cited as it is in accordance with Article 8(2) of the Civil Procedure Act and the main sentence of Article 420 of the Civil Procedure Act, for the following reasons: “The farming road is 2,100 meters in length and the width is 3.5 meters in length; there is a place where the width of the packaged part is 3.5 meters;” and “only for the remaining reasons” of the first instance judgment is the same as the partial entry in the reasoning of the first instance judgment, except for the first instance judgment, since the “the remaining reasons for the disposition in the first instance are as follows: (a) the farming road is 2,100 meters in length and it is 3.5 meters in width.”

2. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

Of the judgment of the first instance, the part against the plaintiff in the judgment of the court of first instance is justified with its conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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