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(영문) 서울고등법원 2017.06.01 2016누79900

출국금지처분취소

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the parts added or modified below, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. From February 12, 2016 to August 11, 2016, the term of prohibition of departure on February 12, 2016 shall be extended from August 12, 2016 to February 11, 2017, and the term of prohibition of departure on February 13, 2017 shall be extended from February 13, 2017 to August 12, 2017 (hereinafter referred to as the “instant disposition”).

B. On the 2nd judgment of the first instance court, the “a provisional injunction is taken against the disposal of the above real estate” under Section 16 of the 2nd judgment was determined as follows: “I can cancel the provisional injunction against the disposal of the above real estate and appropriate the amount in arrears; and the Plaintiff paid approximately KRW 3.1 billion out of approximately KRW 4.5 billion received as compensation for losses to G who was the denial of the Plaintiff’s property division.”

C. The second page 20 of the judgment of the court of first instance is the situation of contact contact. Then, the Plaintiff added “In addition, the Plaintiff consulted with the public official in charge to cover the compensation for the L, M, and N land in charge of Suwon-si with the amount of delinquent taxes.”

On the fourth decision of the court of first instance, "4.68 billion won" in the fourth decision of the court of first instance shall be "4.58 billion won" in the fourth decision of the court of first instance.

E. While the Plaintiff asserted that the public official in charge would have agreed to cover the amount of compensation for losses with the public official in charge, the Plaintiff also did not submit any objective data on the amount of compensation for losses. F. There are two different types of “(E) No. 6 of the judgment of the court of first instance” (E. 7 of the judgment of the court of first instance). (g) On the part of “No. 6, E. 7 of the judgment of the court of first instance.” (g) 6, 12 and 13 of the judgment of the court of first instance.