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(영문) 서울고등법원 2019.04.05 2017나2072882
정산금
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

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “63,331 square meters” in the second page of the second page of the judgment of the court of first instance, which is solid or added, is 63,31 square meters “.”

Part 3 of the decision of the first instance court "79,987,885,00 won" shall be "75,987,885,00 won".

Part 6 of the decision of the first instance court (hereinafter referred to as "Industrial Sites Act") shall be deleted.

Part 4 of the decision of the first instance court, the "Supplementary Rule of the Enforcement Decree of the Industrial Sites Act" in Part 13 is the "Supplementary Rule of the Enforcement Decree of the Industrial Sites and Development Act ( November 20, 2012)".

Part 4 of the decision of the first instance court, "the industrial complex of this case" in Part 16 of the decision of the first instance shall be "the industrial complex of this case".

From 5th to 7th of the judgment of the first instance court, the second to 3th of the judgment is as follows.

A. Whether the instant site constitutes a site for industrial facilities (i) the Industrial Sites and Development Act (amended by Act No. 11474, Jun. 1, 2012; hereinafter “Revised Industrial Sites Act”)

Article 2 Subparag. 7-2 of the Enforcement Decree of the Industrial Sites and Development Act (amended by Presidential Decree No. 24190, Nov. 20, 2012; hereinafter referred to as the “Enforcement Decree of the amended Industrial Sites and Development Act”) stipulates that a site for industrial facilities may be determined by Presidential Decree, while establishing the definition of a site for industrial facilities.

(A) Article 1-2 newly established and included a site for energy supply facilities under Article 2 subparag. 6 of the Energy Act in a site for industrial facilities (Article 2 subparag. 1). Therefore, the site for installing a substation that constitutes energy supply facilities under the Energy Act constitutes a site for industrial facilities (see, e.g., Supreme Court Decision 2015Da240195, Feb. 14, 2019). 2) In light of the foregoing legal doctrine, the facts recognized earlier are acknowledged.

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