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(영문) 서울고등법원 2016.05.31 2015누52250

이행강제금부과처분취소

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

1. In the first instance trial on December 19, 2013, the Plaintiffs sought revocation of the disposition imposing enforcement fines of KRW 38,309,09, and KRW 41,010,780 on the Plaintiff A, and KRW 41,780 on the Plaintiff B. The court of first instance accepted the Plaintiff’s claim for revocation of the disposition imposing enforcement fines of KRW 37,612,570, and KRW 25,71,570 on the Plaintiff B, and dismissed each claim for revocation of the disposition imposing enforcement fines of KRW 37,612,570.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim for revocation of the disposition imposing enforcement fines of KRW 37,612,570 against the plaintiff and KRW 25,771,570 against the plaintiff Eul.

2. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the deletion of the part of the third to fourth to fourth to third from the judgment of the first instance. Thus, this is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

3. The decision of the first instance court is just, and the defendant's appeal is dismissed as it is without merit.