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(영문) 부산고등법원(창원) 2019.10.30 2019누11029
축동일반산업단지계획(변경)승인취소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasons why the court shall explain concerning this case are stated in the reasoning of the above judgment, except where part of the judgment of the court of the first instance is dismissed or deleted, as provided in paragraph (2).

Therefore, based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this is quoted.

2. Parts which are scraped or deleted;

A. On the third and third sides of the judgment of the court of first instance, the phrase “the previous dispositions of this case” shall be deemed to read “the previous dispositions of this case”.

B. Article 4 of the former Countermeasures against Natural Disasters Act (amended by Act No. 14912, Oct. 24, 2017; Act No. 14912, Oct. 25, 2018; Act No. 1509, Oct. 24, 2017; Act No. 1504, Oct. 24, 2017; Act No. 1506, Oct. 24, 2017; Act No. 1514, Oct. 28, 201; Act No. 1514, Oct. 28,

(c) delete from the 11st sentence to 11th sentence. D. of the first instance judgment.

Article 54(1) of the 12th 16th 12th 16th son's decision of the first instance court shall be "Article 54-2".

E. The 7th sentence of the first instance judgment “instant approval disposition” is regarded as “the first approval disposition of this case”.

3. In conclusion, the plaintiff's claim of this case should be accepted as reasonable. The judgment of the court of first instance is just in conclusion.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition.

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