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(영문) 대전고등법원 2016.06.02 2015누13015
개발부담금부과처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for a change in part of the grounds of the judgment of the court of first instance as described in the following paragraph (2). Thus, it is accepted in accordance with Article 8(2) of

2. Parts changed;

A. On the 3rd page 1 and 2, the phrase “1,654 square meters” is replaced by the phrase “1,654 square meters in Seongbuk-gu Daejeon Sung-gu, Daejeon” (hereinafter “the standard land in this case”).

B. On the 4th page 6, the “Seongsung-gu Daejeon Metropolitan City W 377 square meters” is respectively converted into the “W land”, the “Seongsung-gu W 377 square meters” in the 7th page 1 attached to the 7th page, and the “W” in the 8th page 7, and the “Seong-gu 1” in the 8th column 7, and the “Seong-gu 1” in the 7th column.

(c) Chapter 4, Chapter 8, “H land” is replaced by each “the reference land of this case,” respectively, of the heading 10, 11, 16, and 18 of the Daejeon Pung-gu, Daejeon, and of heading 10, 11, 16, and 18 of the same part.

In Part 5, each "this Court" is replaced by each "Court of First Instance".

E. On the first page of the 6th sheet, “the publicly announced land price” is deemed to be “the publicly announced land price”, “456,00 won per square meter” under the said table is deemed to be “456,000 won per square meter” under the said table, “464,132 won per square meter” under the said table is deemed to be “464,132 won per square meter” and “475,000 won per square meter” under the said table is deemed to be “475,000 won per square meter.”

F. On the first page of the 6th attached Table, the title 2 and 3 changed the phrase “to select the 1,654 square meters of the Hosong-gu Daejeon as the reference land (hereinafter “H land”)” to the phrase “to select the reference land as the reference land.”

g. The number of pages 8, 2, and 3 is changed to “Y, S, educational research and welfare facilities (M), warehouse facilities (N,O, P, Q, etc.”), and Class 1 neighborhood living facilities (R, etc.)”.

3. In conclusion, the judgment of the court of first instance is just, and the appeal by the plaintiff (appointed party) is dismissed. It is so ordered.

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