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(영문) 서울고등법원 2018.11.14 2018누55687
기타이행강제금부과처분취소
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 reasoning of the judgment of the court of first instance, such as admitting the relevant part of the judgment of the court of first instance, is as stated in the grounds of the judgment of the court of first instance (excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment of the court of first instance excluding the corresponding part of the judgment

2. The amended portion of the 3 pages 8 to 13 shall be modified as follows. The Defendant shall, on August 16, 2016, amend the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(1) On October 25, 2016, the Act on Special Measures for Designation and Management of Areas of Restricted Development (hereinafter “Act on Special Measures for Designation and Management of Areas of Restricted Development”) issued a corrective order on the ground that Article 56, Article 11 of the Building Act was violated.

() On the ground that Article 12 violates Article 12, the period for restoration to the original state was set as January 30, 2017 pursuant to Article 6-5 of the Special Act on Public Housing, and the head of the Si/Gun/Gu re-requests for corrective measures pursuant to Article 6-5 of the same Act on the ground that Article 6-3 of the Special Act on Public Housing violates Article 6-5 of the same Act on the grounds that the period for restoration to the original state was set as January 31, 2017 and the period for requesting corrective measures has been set as January 31, 2017; and then, the head of the Si/Gun/Gu re-issues the period for requesting corrective measures pursuant to Article 6-5 of the same Act on the ground that Article 6-3 of the Special Act on Public Housing and Article 6-5(2

The meaning of “a superior agency” stipulated in the instant action plan is interpreted as it is, and it shall not be interpreted by analogy or expansion, as it is, the meaning of “a superior agency” stipulated in the instant action plan, as it is the basis for indivating administrative action.

Furthermore, the administrative practice was established prior to the establishment of the instant measure plan by the time of the instant disposition.

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