logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2019.05.22 2018누12025
건축허가반려통보취소
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 reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in the following Paragraph 3 as to the assertion that the plaintiff added or emphasized in this court, and as to the argument that the plaintiff added or emphasized in this case, is stated in the part of the reasoning of the judgment of the court of first instance.

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts in height:

A. The second five pages of the judgment of the court of first instance (hereinafter “instant building permit”) are as follows: “A building report is accepted”; “the instant building permit” in the second 6-7 parallel 6-7 shall be deemed as “repaired building report”; and “application for modification of building permit” in the second 7-8 parallel 7-2, shall be deemed as “application for permission for modification of building report”.

B. The second nine (9) of the first instance judgment “2016.8.8.” is respectively construed as “from August 2016 to September 2016,” and the second (15) “to connect excellent pipes” as “to connect excellent pipes and connect the drain pipes to the floodgate near the gate of the F land.”

(c) 2nd 19th 19th 19th 2th 2th 10 judgment of the first instance court "shall obtain farmland diversion permission and development permission," and "shall meet the requirements for farmland diversion permission and development permission."

3. Additional determination

A. As to the ground for Disposition 1, the Plaintiff asserted that: (a) since the Plaintiff continued construction on the instant land and D land through a designated partition restoration survey, it did not engage in development activities, such as erosion of D land beyond the instant land for which permission for development was obtained at the beginning; and (b) the Defendant’s order to restore the land to its original state is not indicated on the ground and the Defendant’s order to restore to its original state is not indicated accurately, and thus, it cannot be restored to its original state.

(1) Each entry of Gap evidence Nos. 10, 15, 21, 25, and Eul evidence Nos. 5, 6, 17 (including household numbers; hereinafter the same shall apply), or

arrow