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(영문) 서울고등법원 2018.06.26 2017누74506
기타부담금부과처분취소
Text

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. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts which are used or added as follows. Thus, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the court of first instance and Part 9 "The redevelopment area of this case" to 10 shall be executed as follows.

The road of this case includes approximately 90 meters of stone axiss (hereinafter “the instant stone axis”), and the Plaintiff installed pentle gate above the instant stone axis with a view to preventing damage caused by soil erosion in the process of removing the building within the redevelopment area.

The fourth 8th 8th h of the judgment of the first instance (hereinafter “Disaster Management Act”) "B" of the Framework Act on the Management of Disasters and Safety (amended by Act No. 11994, Aug. 6, 2013; hereinafter “former Disaster Safety Act”) shall be used as the "former Disaster Safety Act."

The following contents shall be added to the end of 5th of the judgment of the first instance.

In such cases, a written order for safety measures stating “the result of safety inspection,” “the reason for issuing an order for safety measures,” “the period for taking safety measures,” “the matters to be taken,” “the method of safety measures,” and “the matters to be notified to the head of the relevant disaster management agency after taking the safety measures” shall be notified. [The former Enforcement Decree of the Framework Act on the Management of Disasters and Safety (amended by Presidential Decree No. 24994, Dec. 11, 2013; hereinafter “former Enforcement Decree of the

Article 39(1) of the former Enforcement Rule of the Framework Act on the Management of Disasters and Safety (amended by Ordinance of the Ministry of Security and Public Administration No. 58, Feb. 7, 2014; hereinafter “former Enforcement Rule of the Disaster and Safety Act”) shall be in accordance with attached Form 11 of Article 9.

The fifth to six pages of the judgment of the court of first instance.

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