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(영문) 서울고등법원 2015.11.20 2013나2021473
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment.

Part 8 of the judgment of the first instance court, “National Land Planning Act” (hereinafter “National Land Planning Act”) shall be amended to “before it was amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”).

Article 4 (2) shall be amended to "Article 6 (2)" in the five pages of the judgment of the first instance.

The Urban Planning Act or Urban Redevelopment Act shall be amended into the Urban Planning Act or the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in the five pages of the judgment of the first instance.

The project of this case shall be revised to "the project of this case" in the 5th sentence of the first instance court.

He/she shall revise "B 1 through 4" at the bottom of five pages of the judgment of the court of first instance to "B 1 through 5".

Article 33(1) of the Criminal Procedure Act provides that “No evidence exists to deem that there was an act of opening a public use to use the instant land as a road on the five sides of the judgment of the first instance court” shall be amended to the effect that “No evidence exists to deem that there was an act of opening a public use to use the instant land as a road, or that there was no evidence to deem that there was an act

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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