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(영문) 서울고등법원 2020.07.16 2019누66899

환지예정지지정처분 취소청구 등

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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. On June 14, 2018, at the first instance court, the Plaintiff sought confirmation of invalidity of the resolution on the agenda items 5 and 6 as indicated in the attached Table Nos. 5 and 6 as to the Defendant. The first instance court dismissed the part of the claim for confirmation of invalidity of the resolution on the agenda items No. 5 as indicated in the attached Table, and accepted the claim for confirmation of invalidity of the resolution on the agenda items No. 6 as indicated in the attached Table.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim seeking confirmation of invalidity of the resolution on the agenda item No. 6 as cited in the attached Table No. 6 cited in the court of first instance.

2. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it shall be quoted by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

(4) The court below rejected the defendant's claim and accepted the plaintiff's claim, even if all the evidence submitted in the court of first instance and in this court are examined, the court below's finding of facts and determination as to the resolution on the agenda item No. 6 as stated in the separate sheet No. 6 as stated in the separate sheet No. 5, which is excluded from the scope of this court's trial.

In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.