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(영문) 서울고등법원 2016.06.17 2016나2004639
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “The occurrence of the obligation to return unjust enrichment of 3.3” in the fourth 16th e.g., “the occurrence of the obligation to return unjust enrichment of 4.4.” and “the occurrence of the obligation to return unjust enrichment of 17.” in the fourth e.g., the fourth e., parallel 17 to 85th e.g., the grounds for the first e., the court’s determination

2. The changed part

A. 1) Whether there is a defect in the disposition of this case, i.e., the following circumstances acknowledged by comprehensively taking into account the above basic facts as to whether the disposition of this case was in violation of the Administrative Procedures Act and the overall purport of the arguments, i.e., Articles 21, 22, and 23 of the Administrative Procedures Act apply to cases where an administrative agency takes any disposition, ii) Article 5(1) of the School Site Act provides the grounds for imposing and collecting school site charges, and Article 5(4) of the same Act provides the grounds for exempting the school site charges. The grounds for the disposition of this case are Article 5(1) of the School Site Act, iii) Article 5-2(1) of the Enforcement Decree of the School Site Act, the Plaintiff submitted to the head of Gwanak-gu Office the materials concerning the reconstruction of this case for calculating school site charges pursuant to Article 5-2(1) of the Enforcement Decree of the Act, and the head of Gwanak-gu Office presented the grounds and reasons for imposing and collecting school site charges to the Plaintiff before the disposition of this case.

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