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(영문) 청주지방법원 2015.06.16 2015나10227
사기성 과징금에 대한 손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

3. Judgment of the court of 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 modification of the part concerning Paragraph 3 (a) of the judgment of the court of first instance as set forth in Paragraph 2 below. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. The modified part;

A. On the other hand, the State's liability for compensation is a requirement that a public official's performance of duties is in violation of the law. If a public official's performance of duties is conducted in accordance with the requirements and procedures prescribed by law, barring any special circumstance, it shall conform to the law, barring any special circumstance, and the suitability of the law shall not be immediately denied (see Supreme Court Decisions 94Da2480, Jul. 25, 1997; 2000Da26807, Nov. 10, 200; 26814, Nov. 10, 200). In order to meet the requirements for State's liability under Article 2 of the State Compensation Act due to illegal administrative disposition, the public official in charge of the administrative disposition should be determined to the extent that it is deemed that the administrative disposition loses objective legitimacy by disregarding the objective duty of care. In this case, whether it has lost objective legitimacy should be determined by taking into account the type and nature of gains from infringement, the nature and nature of infringement, the degree of causing of infringement, and the victim's involvement in the administrative disposition or damages.

(See Supreme Court Decision 2000Da12679 delivered on December 14, 2001, etc.) B.

With respect to this case, the following circumstances, which can be acknowledged by adding up the descriptions of Eul's evidence Nos. 1 to 4 and the purport of the entire pleadings, are the following circumstances. In other words, the petitioner head of the Gun, under Article 10 (1) of the Real Estate Real Name Act.

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