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(영문) 대전고등법원 2020.05.14 2019누11826
변상금 및 이행강제금부과처분 무효확인 등
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

1..

Reasons

1. In the first instance trial, the Plaintiff sought revocation of the disposition of imposition of KRW 143,57,140 as compensation on September 5, 2017, and revocation of the disposition of imposition of KRW 143,557,140 as compensation on the part of Defendant Jin-si, and (2) as to Defendant Jin-si market, the Plaintiff sought revocation of the disposition of imposition of KRW 3,000,000 for enforcement fine on September 22, 2017 and sought revocation of the disposition of imposition of KRW 3,00 for enforcement fine on the part of Defendant Jin-si.

Therefore, the court of first instance dismissed the part of the suit exceeding KRW 137,513,840 of the damages against the head of the government government in the event of the defendant party's ruling, and dismissed all the other main claims against the head of the government in the case of the defendant party's ruling, the other conjunctive claims against the head of the government in the case of the defendant party's ruling, and the main claims against the defendant party'

However, among the judgment of the court of first instance, the plaintiff appealed only on the remaining main claims against the head of the local government B in the case of defendant Jin-si, and on the dismissal of the main claims against the defendant Jin-si market.

Therefore, the scope of this court's adjudication is limited to the part that seeks confirmation of invalidity of the first imposition of the 137,513,840 won of the 2nd local government at the time of the defendant Jinjin and sought revocation of the 2nd local government's imposition of the 137,513,840 won of the 137

2. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the parties' claims are examined by adding the materials submitted to the court of first instance

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the modification of part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 3 or the addition of the judgment of the plaintiff's argument of the court of first instance as stated in Paragraph 4

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