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(영문) 서울고등법원 2019.08.22 2018누75100
변상금부과처분취소
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

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] Part of the judgment of the court of first instance is the second part of the judgment of the court of first instance that "from the Incheon Market" shall be "from the In Incheon Market."

Part 2 of the judgment of the first instance court is the "Public Waters Reclamation Act" in Part 4 as the "Gu Public Waters Reclamation Act (established by Act No. 10272, Apr. 15, 2010; hereinafter referred to as the "Gu Public Waters Reclamation Act")."

Part 2, Part 18 and part 6 of the judgment of the first instance court " August 20, 2014" shall be read as " August 30, 2004".

The judgment of the court of first instance states that “the box of the first instance is not clearly indicated in the letter of authorization for completion of the first instance project (Evidence A2) with respect to the first instance project section, but according to the Plaintiff’s internal document (No. 10 pages A, No. 14, the evidence No. 14), written after the authorization for completion, this part of the conditions for the authorization for completion is presented by the competent department as the opinion of the competent department].

Part 5 of the judgment of the first instance court is also referred to as "this part".

Part 4 of the judgment of the first instance court is "whether or not the plaintiff has exclusively restricted the use of the general public in relation to the road, etc. of this case". Part 4 of the judgment of the first instance is "each entry in the evidence Nos. 10 through 14, and 19" in Part 11 of the judgment of the first instance is "each entry or image of the evidence Nos. 10 through 14, and 19". Part 4 of the judgment of the first instance is "the state of completion" in Part 4, No. 16 of the judgment of the first instance is "the progress of reclamation works". Part 18 of the judgment of the first instance is "not to be used" in Part 4, No. 4, No. 18 of the judgment of the first instance cannot be used by the general public."

The first instance court's judgment Nos. 4, 20, 5, and 7 are as follows.

On the other hand, Gap evidence Nos. 16, 18, and Eul.

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