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(영문) 대전고등법원(청주) 2016.11.09 2015누11432
건축허가반려 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The court's explanation concerning this part of the grounds for appeal is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion and the plaintiff

B. The reasoning for the court’s explanation on this part of the relevant statutes is the same as that of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

C. 1) Determination 1) Whether to additionally alter the grounds for disposition and 2) whether this part of the court’s explanation is contrary to the principle of trust protection is identical to that of the judgment of the court of first instance, and thus, this part’s explanation is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

3) Article 20(1) of the Public Property Act provides that "the head of a local government may permit use of, or benefit from, administrative property to the extent that the purpose or purpose of, the property is not hindered." Article 12 subparag. 3 of the Enforcement Decree of the same Act provides that "the head of a local government may permit use of, or benefit from, administrative property if deemed necessary by the head of the relevant local government where the use or purpose of, the pertinent property does not interfere with the use or purpose of the property." Thus, permission granted by the administration agency of public property to use or benefit from administrative property is not a private economic act as a private economic entity but a patent granted by the administration agency as an administrative disposition conducted in the superior position of the public authority by the administration agency, which is not a private economic entity but a patent granted to a specific person the right to use administrative property (see, e.g., Supreme Court Decision 97Nu1105, Feb. 27, 1998). Therefore, the disposition of this case where the Plaintiff’s application for permission for use or benefit

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