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(영문) 서울고등법원 2014.10.24 2014누45248
개발행위허가거부처분취소
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 reasons for admitting the judgment of the court of first instance are as follows: (a) the part of the judgment of the court of first instance 6, 6, 14, 14, 2, 7, 9, 7, excluding the part of the judgment of the court of first instance as to the non-permission of the disposition of this case from the judgment of the court of first instance to the 7th 9, 2, 300, 420, 2, 300, 420 of the Civil Procedure Act; (b) the construction permission involving an act of changing the form and quality of land in an urban area as provided in the National Land Planning Act as provided in Article 8(1) of the Building Act and the permission of changing the form and quality of land in an urban area as provided in Article 56(1)2 of the National Land Planning Act is deemed to have the nature of permission to change the form and quality of land as provided in Article 8(1) of the National Land Planning Act, and thus, constitutes a discretionary act. Meanwhile, the court of this case is without independent or abuse of discretion.

As seen earlier, the grounds for non-permission of the first disposition of this case are recognized as identical to the grounds for rejection of the previous disposition. The Defendant publicly announced the decision on June 10, 2013.

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