과밀부담금부과처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the addition or modification as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
[Supplementary or revised parts] The entry in the text box shall be added between the 7th judgment of the first instance court and the 18th judgment.
① The instant disposition is an indivative administrative disposition, and administrative laws and regulations that serve as the basis for an indivative administrative disposition must be strictly interpreted and applied, and where its meaning is unclear, it shall not be interpreted and applied in a way unfavorable to the other party to the administrative disposition (see, e.g., Supreme Court en banc Decision 2014Du12697, Feb. 21, 2019). In this case where the issue transformation is at issue as to whether a “office” falls under “office” under Article 3 subparag. 3 (b) of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act, the Plaintiff and the Defendant have a different interpretation as to the meaning of “office.” Even if two interpretations are possible, in light of the principle of strict interpretation as to indivative administrative dispositions, the main transformation cannot be readily concluded to fall under “office” without permission, in light of
Part 7, Part 18 of the judgment of the first instance court is "B", "B" in Part 8, "B" in Part 10, "B" in Part 8, "B0" in Part 8, "No.4," and "No.4," in Part 6.
The written judgment of the first instance court shall be from the 18th to the 8th 1st eth eth eth eth eth eth eth eth e.g.
As alleged by the Defendant, there may be room for interpreting the concept of “office” as “place where the main business is performed”. However, the prior meaning of “office” is “place where business is viewed” and “place where people ordinarily work while performing their duties.”