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(영문) 대구고등법원 2015.11.20 2015누5734
증여재산가액결정처분취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged by the plaintiff in the trial while filing an appeal for the acceptance of the judgment of the first instance are not significantly different from the contents alleged by the plaintiff in the first instance, and even if all the evidence submitted in the first instance and the statements in the third and fourth evidence submitted in the trial are examined, the judgment of the first instance, which dismissed the lawsuit of this case on the ground that the notification of the determination of donated property does not constitute an administrative disposition subject to appeal litigation, is justifiable.

Therefore, the court's explanation on the instant case is identical to the statement on the grounds of the judgment of the court of first instance, and thus, citing it as is by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff's lawsuit of this case is dismissed as it is so decided, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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