(영문) 서울고등법원 2014.01.17 2013누10559

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(영문) 서울고등법원 2014.01.17 2013누10559

사용허가취소처분취소

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 reasoning for the court’s explanation concerning this case is as follows 2. The part of the reasoning for the judgment of the court of first instance is modified as stated in the following 3. 3. Inasmuch as the above reasons are as stated in Article 8(2) of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act, this part of the reasoning for the judgment of the court of first instance is cited.

2. Parts to be corrected;

A. The part of “exempt” under the 3th judgment of the first instance court is that “exempt or at least a part of the site usage fee is collected.”

B. The part of the first instance court 14th 15th 15th 15th 14th 15th 200 “it is difficult to see that the Plaintiff’s trust formation is justifiable as alleged by the Plaintiff,” and (4) the Defendant agreed with the Plaintiff on December 2, 2005 to determine the type of operation and usage fees of the instant riding club, etc., and proposed that the Plaintiff be “10 million won from 90,000 to 110,000 won of the pertinent riding club.” However, in the course of the consultation, it appears that the Plaintiff was merely the Defendant’s public opinion that only a part of the instant riding club should be collected, and it is difficult to view that the Plaintiff trusted it and committed any act corresponding thereto.”

3. The addition;

A. Article 22 of the Public Property and Commodity Management Act (hereinafter “Public Property and Commodity Management Act”) of the Plaintiff’s assertion that the annual basis of calculation of user fees and calculation details were not presented when imposing user fees in the instant case, provides that user fees shall be collected every year. The Defendant, upon the instant disposition of imposition of user fees, retroactively imposes user fees for five years, disclosed the basis of calculation of user fees and calculation details.

참조조문

-물품관리법 제22조

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

-서울고등법원 2014.01.17 2013누10542

-서울고등법원 2014.1.17.선고 2013누10559 판결

-대법원 2015.1.29.선고 2014두3839 판결

-부산고등법원 2009.7.3.선고 2009누1884 판결

-대구고등법원 2017.12.08 2017누5837