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(영문) 광주고등법원(제주) 2020.01.29 2019누1434
급수공사비부과처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation as to this case is as follows, except for the addition of the judgment as to the defendant's main defense as to this case, and therefore, it is recognized that the judgment of the court of the first instance is legitimate even if the defendant bears the evidence additionally submitted in the trial), Article 8 (2) of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act.

2. The Defendant’s judgment on the main defense of safety objection raised to the effect that the part on which the Plaintiff seeks revocation among the dispositions of this case was revoked cannot be operated with water supply facilities only because the remaining part of the lawsuit of this case is not in accord with the Plaintiff’s interest in the lawsuit of this case. However, the instant disposition imposes the Plaintiff a monetary obligation to pay the water supply construction cost, and thus, the Plaintiff’s application for water supply construction is deemed revoked if the Plaintiff did not pay the water supply construction cost within the designated date (Article 15(2) of the Ordinance on the Water Supply of Jeju Special Self-Governing Province), and there is a concern that additional dues are imposed or may be collected in arrears according to the example of local tax collection (Article

Therefore, the defendant's defense is without merit.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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