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(영문) 서울고등법원 2019.11.19 2019누46598

조정금부과처분취소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows: (a) the “from November 2015 to November 2015” of the first instance judgment No. 3, No. 13, and each of the “this court” of the first instance judgment No. 5, No. 1 and No. 2, the first instance court’s reasoning is the same, except where the “this court” is deemed to be “the first instance court”; and (b) the reasoning of the first instance judgment is the same as that of the first instance court; and (c) thus, it is cited as it is in accordance with Article 8(2) of the

(2) In light of the above legal principles, the court below erred by rejecting the Plaintiffs’ assertion that the adjustment amount should be calculated based on the officially assessed individual land price even after examining the evidence examined at the court of first instance, and by calculating the reasonable adjustment amount in a lawful and appropriate manner, the court of first instance is justifiable. In conclusion, the court of first instance is justifiable, and all appeals by the Plaintiffs are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.