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(영문) 서울고등법원 2017.05.12 2016누973

친일반민족행위결정처분취소

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1. Of the judgment of the court of first instance, the Committee to Finding the Truth of the Anti-National Acts, which was remanded to this court by the judgment of remand.

Reasons

1. Objects of adjudication of this Court;

(a) The following facts are apparent in the records:

1) On June 29, 2009, the Plaintiff sought against the Defendant revocation of the disposition determined by the Committee as pro-Japanese act under Article 2 subparags. 13, 14, and 17 of the Anti-National Identification Act, and the judgment of the court of first instance revoked the part concerning the disposition of this case and dismissed the remainder of the claim. 2) In the trial before the Plaintiff and the Defendant’s appeal against each part of the judgment of first instance, the court of first instance accepted part of the Plaintiff’s appeal and decided each of the acts listed in the No. 3 in the No. 17 of the judgment against the Plaintiff as pro-national act under Article 2 subparag. 17 of the Anti-National Identification Act, and revoked this part of the disposition, and at the same time revoked the part concerning the disposition of this case and dismissed the Plaintiff’s claim as to the disposition of this case.

However, the form of the order was the form of the changed judgment.

3. In the case where the plaintiff and the defendant appealed against each of the judgment of the party prior to remand, and the Supreme Court reversed the part concerning the disposition of this case among the judgment of the party prior to remand and remanded to this court, and all of the plaintiff's remaining appeals and the defendant's appeals were dismissed.

B. According to the above facts acknowledged by the court of this case, the judgment of this court is limited to the part concerning the disposition of this case among the judgment of the court of first instance.

2. The judgment of this Court

A. The reasoning of the judgment of the court of this case, which cited the reasoning of the judgment of the court of first instance, is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, except for the addition of some of the following, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

B. The binding force of the judgment on the reversal of the first instance judgment added by this court is from the final appeal.