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(영문) 서울고등법원 2018.06.27 2017누77918
학교용지부담금부과처분취소
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 grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance (including the relevant part of the judgment of the court of first instance, but excluding the part on March 2, 200), and therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following shall be added to the right side of the 5 line below the 2 pages of the amendment:

【As the rearrangement zone is expanded including up to 1970 m2 in the neighboring area, the following contents are added to the right (5th 11th Reference). In addition, the administrative laws and regulations, which serve as the basis for sediment administrative disposition, shall be strictly interpreted and applied, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the other party to the administrative disposition, and even in cases where a teleological interpretation is allowed taking into account the legislative intent, purpose, etc. of the administrative laws and regulations, such interpretation shall not deviate from the ordinary meaning of

(Supreme Court Decision 2014Du47686 Decided November 24, 2016; Supreme Court Decision 2017Du33824 Decided June 29, 2017; Supreme Court Decision 2016Du64982 Decided February 28, 2018). Furthermore, in an administrative litigation that is applied mutatis mutandis under the Civil Procedure Act, the burden of proof is, in principle, allocated between the parties in accordance with the general civil procedure, and in an appeal litigation, the burden of proof on the Defendant, who asserts the legality of the disposition, exists depending on its nature.

(see, e.g., Supreme Court Decision 2015Du42817, Oct. 27, 2016). From 7th to 8th, 9 to 8th 4 households are as follows. (7) Of the 365 existing households that served as the basis for the instant disposition, the number of tenants of 237 out of the 365 existing households, which served as the basis for the instant disposition, is the number of tenants of 5th 5rd 5rd 5rd 5rd 5rd 5rd 5rd 5rd 5rd 5rd 201

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