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(영문) 부산고등법원 2018.11.09 2018누22265
기본재산처분(임대)허가불허처분 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

The defendant asserts that the disposition of this case is a legitimate disposition made within the scope of discretion, as in the first instance trial.

However, even if the evidence submitted by the court of first instance is reviewed again by taking advantage of the circumstances alleged by the Defendant, the fact-finding and determination by the court of first instance that the instant disposition was unlawful because it abused discretion, is justifiable.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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