logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.01.22 2015누6140
건축허가불허가처분취소
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 grounds alleged by the Plaintiff in the trial while filing an appeal by the court of first instance are not significantly different from the contents alleged by the Plaintiff in the court of first instance, and the judgment of the court of first instance rejecting the Plaintiff’s assertion even if both evidence submitted by the court of first instance and evidence Nos. 22 and 23 submitted by the court of first instance were examined.

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition of some contents as follows. Thus, the court's explanation on this case is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Each "National Guidance 97 Line" in the fifth column of the first instance judgment, from the sixth bottom to the seventh line, from the sixth lowest to the sixth highest, from the seventh second lowest, from the seventh bottom to the seventh lowest, from the fourth lowest, from the second lowest, and from the seventh bottom to the seventh bottom to the "National Guidance 79 Line" respectively.

The following shall be added to the 8th sentence of the first instance court:

Luxembourg In addition, in a case where the administrative agency determines that the existing disposition is inappropriate, it is not necessarily bound by the previous disposition in the course of the new disposition, and even if the defendant has been permitted to construct a factory in the neighboring area of the application site of this case prior to the disposition of this case, it can be permitted to permit the construction of a new factory after the consideration of reflective factors on the damage of the natural environment and living environment, etc. Accordingly, the disposition of this case cannot be deemed to violate the principle of equity and equality in this respect. The third to the third to the fifth to the fifth to the fifth to the final judgment of the first instance court is as follows.

(7) Article 59 (1) of the National Land Planning and Utilization Act and Article 57 (1) 1-2 of the Enforcement Decree of the same Act shall apply to “management area”, construction of buildings or structures.

arrow