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(영문) 광주고등법원(전주) 2020.09.23 2019누2416
거부처분취소 청구의 소
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 grounds for admitting the judgment of the court of first instance, which the plaintiff alleged in the court of first instance had already been asserted in the court of first instance, are not significantly different from those already asserted in the court of first instance. However, the fact-finding and decision of the court of first instance are deemed legitimate even if all the claims and

Therefore, the reasoning of this court is that the reasoning of this case is stated in the judgment of the court of first instance, except for adding the following supplementary judgments as to the assertion that the plaintiff emphasizes in the trial of the court of first instance. Thus, this court shall accept it as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. Supplementary judgment

A. The plaintiff's assertion that the plaintiff was a resident of the F Village, who is a person subject to the relocation measures of this case, was not a person subject to the relocation measures, and the defendant applied the criteria of "residential building" and "200 meters of external walls" to the plaintiff only in determining the person subject to relocation measures, and the land of this case is adjacent to the third unit, and the plaintiff reported noise damage due to the difference between the third unit and the land of this case. In light of the above, the disposition of this case is in violation of the principle of equality or the principle of self-detention.

B. The principle of self-regulation in the administration of judgment refers to the principle that an administrative agency is subject to self-detained in relation to the other party in accordance with the principle of equality or the principle of protection of trust when a certain disposition of the administrative agency is enforced, and in such a case, barring any special circumstance, a disposition violating such principle is an illegal disposition that deviates from or abused discretion due to its violation of the principle of equality or the principle of protection of trust (see, e.g., Supreme Court Decision 2009Du7967, Dec. 24, 2009).

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