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(영문) 서울고등법원 2021.01.15 2020누39138
건축허가처분취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the plaintiffs asserted in this court while appealed, are not significantly different from the contents alleged by the plaintiffs in the first instance court, and even if all the evidence submitted in the first instance court and the trial were examined, it is justifiable to recognize and determine the facts of first instance rejecting the plaintiffs' claims.

Therefore, the reasoning for this Court’s explanation is as follows: (a) the reasoning for the judgment of the first instance is identical to that of the judgment, except for partial revision as set forth in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, by reflecting the Plaintiff’s repeated emphasis on the instant case in the trial.

2. The amended portion of the first instance court Decision No. 11 to No. 3 (except for the part in picture 1) of the second instance court Decision No. 2, 11 to No. 3, 3 (except for the part in picture 1) shall be written in the following manner:

“The Government”

B. On September 12, 2018, J 235 square meters (which was divided into X land, as seen earlier) the ownership of the Plaintiff’s supplementary intervenor (hereinafter “the Intervenor”) and the Intervenor’s father H and I was changed on the ground of sale in the instant land. On October 19, 2018, the ownership of the said land was transferred to the Intervenor, and the ownership of the said land was transferred to the Intervenor on October 19, 2018.

(c)

J 대 235㎡ 와 K 대 17㎡( 이하 이를 합쳐 ‘ 종전 토지’) 는 위 [ 그림 1] 과 같이 B 도로에 접하고 있고, 그중 J 토지 중 약 73㎡{[ 그림 1] 표시 1, 2, 3, 4, 11, 12, 1의 각 점을 순차로 연결한 선내 ㈎ 부분} 의 일부가 주민 통행에 제공되는 현황도로의 일부로 사용되고 있었다.

Article 2 subparag. 11 of the Building Act (Article 2 subparag. 11 of the Building Act), “Act No. 13-14 of the first instance court’s 3th 13-14th 12th m.”, “this Court”, “No. 4th m. and No. 5th m.,” “Seoul Administrative Court”, “No. 10th m.,” “No. 14th m.,” “Article 2 subparag. 11 of the Building Act”, “No. 11th m., at the time of the enforcement of the said Act”, “A road corresponding to the provisions at the time of the enforcement of the said Act” in Article 7 subparag. 2-3 of the same Act.

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