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(영문) 부산고등법원 2018.11.09 2018누22777

토지수용재결의실효확인 및 부작위위법확인

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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

The reasoning for this Court is that “The above judgment was finalized on July 2, 2018,” in Part 5 of Part 8 of the judgment of the court of first instance, “The plaintiff, etc. filed an appeal with Supreme Court Decision 2018Du55241 Decided July 2, 2018, and is currently pending in the court of final appeal,” and except for the rejection of each of the evidence Nos. 73 through No. 78, which is insufficient to recognize the plaintiff’s assertion as evidence to be additionally submitted at the court of first instance, the reasoning for the judgment of the court of first instance is as stated in the reasoning for the judgment of the court of first instance. Thus, this is cited as it is in accordance with Article 8(2)

Therefore, the lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.