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(영문) 대구고등법원 2018.07.27 2017누7987
건축허가신청반려처분취소
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 court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for modification or addition of a trial decision as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be corrected and added; and

A. Of the 12th page 16-17 of the judgment of the court of first instance, the plaintiff's assertion that the disposition of this case violated the principle of protection of trust is without merit." "In light of these circumstances, the plaintiff's assertion that the disposition of this case was in violation of the principle of protection of trust is without merit." The plaintiff's assertion about this part is revised to "In light of these circumstances, the plaintiff's testimony about the witness of the first instance court and the witness of the first instance court, part of the witness of L and the witness of the first instance court, the director of the Daegu North Korean regional headquarters of the Korean Land and Housing Corporation in the first instance, the director of the Daegu North Korean branch office in Daegu Metropolitan City and the Mayor of Daegu Metropolitan City and the Mayor of Daegu Metropolitan City, respectively.

B. On the 15th 15th 16th 15th 16th 15th 15th 16th 16th 200, the Defendant’s instant disposition cannot be deemed to have violated the principle of proportionality because it was excessively harsh to the Plaintiff, and there is no other evidence to acknowledge it otherwise in light of the circumstances of the Plaintiff, etc., the evidence alone presented by the Plaintiff is insufficient to recognize that the instant disposition violated the principle of proportionality or abused its discretion.

(c)in addition, between 15, 17 and 18, the following shall be added to the first instance judgment:

5) Whether the Plaintiff’s assertion in 2014 is unlawful and binding on the instant disposition) the Plaintiff’s assertion in 2014 is without mediating any other enforcement act, and the land of the venture business district in the instant industrial complex, including the Plaintiff.

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