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(영문) 서울고등법원 2016.06.09 2015누59190

건축이행강제금부과처분취소

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1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the recognition of the judgment of the court of first instance are as follows, except for the dismissal or addition of part of the judgment of the court of first instance, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Then, “the first argument” (hereinafter referred to as “the first argument”) shall be added to “the third party to the judgment of the court of first instance” and “the third party to the judgment of the court of first instance shall be deemed unlawful” (hereinafter referred to as “the second argument”) respectively.

The third judgment of the court of first instance is referring to the "Notice" of the 16 and 17th judgment.

The 3rd judgment of the first instance court is the "Plaintiff" in the 18th judgment of the first instance court, as "C."

The "illegal building" in the 11th sentence of the judgment of the first instance court is the "illegal building".

2. The decision of the first instance court is justifiable, and the plaintiffs' appeal is dismissed as it is without merit.