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(영문) 서울고등법원 2017.01.13 2016누59937
영업보상비
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the court's decision to this case under paragraph (2) of this Article, and therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of

2. The plaintiff asserts that "The part of the claim for business loss compensation among the lawsuit in this case constitutes a party lawsuit, and even if it is illegal because it does not go through the adjudication procedure, each claim based on the plaintiff's selective tort liability or non-performance liability constitutes a civil lawsuit, and thus, it shall not be dismissed, but shall be transferred to the competent court in civil procedure."

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. The first instance court's decision rejecting the plaintiff's assertion is justified even if all of the evidences and evidences (A1, 12) presented in the first instance court were examined.

3. Thus, the judgment of the court of first instance which dismissed the lawsuit of this case as stated in the conclusion is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal shall be borne by the losing plaintiff.

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