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(영문) 대법원 2015.05.14 2013두16340
변상금부과처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning and the reasoning of the first instance judgment cited by the lower judgment, the lower court determined that each of the instant roads, etc. as indicated in the lower judgment cannot be deemed as being subject to the Road Act, and that Article 81 of the Public Property and Commodity Management Act, in addition to Article 94 of the Road Act, cannot be deemed as being applied to each of the instant dispositions as indicated in the lower judgment,

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the scope of roads under the Road Act.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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