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(영문) 서울고등법원 2011. 1. 19. 선고 2010누26485 판결
[손괴자부담금부과처분취소][미간행]
Plaintiff, Appellant

A. The Third District Housing Redevelopment and Improvement Project Association (Attorney Kim Jae-ho, Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

The Head of Seodaemun-gu Seoul Metropolitan Government (Law Firm Korea, Attorneys Lee Won-soo, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

December 15, 2010

The first instance judgment

Seoul Administrative Court Decision 2009Guhap53519 decided July 22, 2010

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1. Purport of claim

The Defendant’s disposition of imposition of KRW 125,621,790 against the Plaintiff on September 30, 2009 is revoked.

2. Purport of appeal

The part of the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the cancellation portion is dismissed (the part exceeding 124,632,40 won out of 125,621,790 won for the person causing damage and damage was dismissed at the court of first instance, and this part was excluded from the scope of the judgment of this court because the plaintiff did not appeal.)

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is the same as the part of the judgment of the court of first instance, and thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Yellow-gu (Presiding Judge)

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