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(영문) 서울고등법원 2018.01.18 2017누69405
벌점부과처분 취소
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 the conclusion of the judgment of the court of first instance concerning this case are as follows in Part 8 of the judgment of the court of first instance, and as recognized in the above, the defendant, as to the "matters concerning the ePS design change and improper construction of apartment outer walls among the construction works of this case" which did not impose the penalty points in the previous dispositions of this case, requested again from the Mayor of Seoul Special Metropolitan City to submit the opinion of this case. The request for the imposition of penalty points as of December 31, 2014 of the Seoul Special Metropolitan City Mayor and the submission of the opinion of the plaintiff on January 20, 2015 and the submission of the plaintiff's opinion on February 11, 2015, it did not point out that the Seoul Special Metropolitan City Mayor pointed out or requested the plaintiff to submit the opinion of the defendant on each of the dispositions of this case, which are the grounds for imposing the penalty points of this case, and there was no submission of the defendant's opinion on each of the prior dispositions of this case.

(2) In light of the above legal principles, the court below did not err by misapprehending the legal principles as to the existence of a supplementary construction due to the failure to prepare a new specifications and whether the Plaintiff is responsible for the failure to do so, and thus, did not err by misapprehending the legal principles as to the existence of a supplementary construction due to the failure to perform a supplementary construction due to the failure to perform a supplementary construction due to the failure to perform a supplementary construction due to the failure to perform a supplementary construction due to the failure to perform a construction work

1. It is alleged that Article 20 provides that the penalty points shall be given to “in the case of construction other than the design documents and relevant standards,” but the above standard provides that “in the case of construction by supplementation, construction or minor repair” due to other construction than the design documents, the ground for imposing the penalty points does not stipulate “other construction than the design documents” as the ground for imposing the penalty points separately.

In addition, above.

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