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(영문) 대전고등법원 2018.04.18 2017누13699
건축허가신청등 복합민원 반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following details shall be added to the sixth three pages of the judgment of the first instance.

According to the evidence evidence Nos. 23 and 24, among the areas in which the defendant previously permitted the construction of so-called “unauthorized person”, it can be seen that there is a place where a house is built in the vicinity.

However, it is insufficient to recognize that the above evidence alone is identical or similar to the location conditions of the site of the application of this case or the relationship with the surrounding area, such as whether the school exists in the vicinity of the above area, how frequent the passage of village residents, and how much impact on the increase of the village as a whole.

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2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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