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(영문) 광주고등법원 (전주) 2018.10.15 2018누1768
건축허가(증축) 불허가처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the cases where the part stipulated in paragraph (2) below is dismissed, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. On December 14, 2015, 2015, 2015, 2015, 2015, 2015, 2015, 2015, 3, 4, 5, 5, 10, 5, 10, 5, 10, 100, 10,000, 10,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

B. On the 4th judgment of the court of first instance, the 14th to 16th judgment shall be followed as follows.

(3) After acquiring a building permit (extension) or after reporting the construction of a structure, the Plaintiff installed the retaining wall at will without permission or reporting (hereinafter “reasons for Disposition 3”), and the retaining wall installed by the Plaintiff is “the retaining wall of this case”.

[Judgment]

C. On the 10th of the first instance judgment, the 14th of the 10th instance judgment was followed as follows.

【A) Article 83(1) of the Building Act provides that “A person who intends to construct a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, or any other similar structure prescribed by Presidential Decree shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.” Accordingly, Article 118(1)5 of the Enforcement Decree of the Building Act provides that a structure built separately from a building, which exceeds two meters in height, shall be a structure subject to reporting under Article 83(1) of the Building Act. The Building Act

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