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(영문) 서울고등법원 2017.06.01 2016누48838
개발부담금부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, with the exception of dismissal or addition of some contents, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

The "permission for Development Acts" in Part 2 of the judgment of the court of first instance shall be deemed to be "permission for development acts" in Part 2 of the judgment of the court of first instance.

The "198,00 square meters" in the 16th place of the second instance judgment shall be deemed as "198.0 square meters".

Part II of the judgment of the first instance court, " April 4, 2012" in the 19 and 20th sentence shall be " April 3, 2014."

Part 3 of the judgment of the court of first instance is " June 1, 2012" in Part 6 of the judgment of the court of first instance as " May 31, 2012".

Part 3 of the judgment of the first instance court is " January 30, 2013" in Part 8 as " January 29, 2013".

The "2,11,200,000 won" in the 10th sentence under the 4th judgment of the first instance court shall be "2,01,200,000 won".

1) According to the first instance court’s decision, the Plaintiff and the non-party company purchased the land of this case Nos. 1, 2, and 3 before the starting date of imposing them, and the Plaintiff bears each of the KRW 613,551,263, the Plaintiff and the non-party company bears each of the KRW 613,05,097,621, and the sum of the amounts is KRW 2,01,70,147, and the sales value of this case as KRW 2,011,70,147. However, in light of the respective descriptions under the evidence No. 15-1 through 7, the Plaintiff appears to have borne by the non-party company “613,51,263,63,61,263,651,263,” and the first instance court’s imposition of KRW 15,55,00 for the first instance court to the starting date of imposing them.

Each "Witness" in the 6th sentence 13th sentence and 4th sentence in the 6th sentence of the first instance court shall be the "Witness of the first instance court".

After the judgment of the court of first instance No. 21 of the 9th trial, the plaintiffs' statements in Gap evidence No. 21-1, 2, 22-1 and 2-2 of the 1, 2000.

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