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(영문) 서울고등법원 2020.05.15 2019누62804

부당이득금징수처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasons are as follows: ① partially dismissed or deleted as follows; ② With respect to the assertion that the Plaintiff added or emphasized at the trial of the court of first instance, it is identical to the statement of the reasons in the judgment of the court of first instance, except for adding the judgment as described in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

【The part to be dismissed or deleted 【The Minister of Health and Welfare (hereinafter “the Minister of Health and Welfare”)” in Section 16 of the Decision of the court of first instance as “the Minister of Health and Welfare (hereinafter “the Minister of Health and Welfare”)”

The Minister of Health and Welfare of each of the three pages of the judgment of the first instance court shall be the Minister of Health and Welfare, and each of the "Defendant Corporation" shall be the "Defendant", respectively.

In Part 3 of the judgment of the first court of first instance, "the instant disposition of business suspension" (hereinafter referred to as "the instant disposition of business suspension") shall be deleted in Part 5 below the first list.

In the last 3th and fourth 1st of the judgment of the first instance court, "the recovery disposition of this case" (hereinafter referred to as "the recovery disposition of this case"), and "the respective dispositions of this case" in the business suspension of this case and the recovery disposition of this case, shall be deemed "(hereinafter referred to as "the disposition of this case")".

Each "each disposition of this case" of not more than 6th of the decision of the first instance court shall be "the disposition of this case".

Each of the defendants in the fourth or lower judgment of the court of first instance shall turn "the defendant" into "the defendant".

From 4th to 5th to 3th to 4th to 10th to 4th to 5th to 10th to 10th to 10

【4) The instant disposition is erroneous in matters of law by misunderstanding the above facts, thereby deviating from and abusing discretionary power.

Part 6 of the judgment of the first instance court is ".... illegality of field investigations".

Of the 10th 10th 10th 10th 10th 10th 10th 1st 10th 1st 1st 2th 1st 2th 1st 10.

Forms 7 through 19 of the first instance judgment, and 7 of the 11th instance judgment.