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(영문) 대법원 2015.12.10 2014다201261

부당이득금

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the record of the grounds of appeal on the site for power supply facilities in accordance with the relevant legal principles, the lower court is justifiable to regard the power supply facilities as the basic living facilities and include the site area in the basic living facilities site area.

There is no error of misapprehending the legal principles on the scope of basic living facilities and the duty to install them.

2. With respect to the grounds of appeal on the cost of building and the incidental construction and capital cost, the lower court calculated each of the costs of building, the cost of building (a retaining wall) except the cost of ecological corridor construction, and the cost of building (a bridge, etc.), the cost of building (a bridge, etc.), and the cost of building and capital cost are both related to the construction of basic living facilities, and calculated the cost of building (a retaining wall), the cost of building, the cost of building,

Examining the records in accordance with the relevant legal principles, the judgment of the court below is justifiable.

In doing so, there is no error of misapprehending the legal principles on the scope of basic living facilities and the allocation of burden of proof, or failing to exhaust all necessary deliberations, or exceeding the bounds of free evaluation of evidence against logical and empirical rules

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.