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Case Number of the immediately preceding lawsuit
Seoul High Court-2016-Na2037028 ( November 03, 2016)
Title
Whether a claim for damages is determined on the grounds of an act enacted by the established rules, etc.
Summary
Since there is no taxation disposition by a public official in charge, no illegal act exists, the plaintiff's right to claim damages against the defendant does not exist.
Cases
2016Da269674 Compensation for damages
Plaintiff-Appellant
KimA
Defendant-Appellee
Korea
The third instance decision
National Rotations
Imposition of Judgment
on 03.03 09
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's ground of appeal falls under Article 4 of the Act on Special Cases concerning the Trial Procedure, and it is therefore dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.