logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.05.19 2018나2070104
부당이득금반환 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

I. The part between the plaintiff and the defendant in the reasoning of the first instance judgment citing the reasoning of the first instance judgment is justifiable.

This is also the same in light of the evidence submitted by the court of first instance, as well as the statement in the evidence Nos. 19 through 35, and Nos. 1 through 6, of the witness Gap submitted by the court of appeal.

Accordingly, pursuant to the main text of Article 420 of the Civil Procedure Act, the part between the plaintiff and the defendant among the reasons for the judgment of the court of first instance is cited as the reasons for this judgment, and the judgment of the defendant or the plaintiff as to the main argument added or repeated in

Ⅱ. The main arguments added or repeated by the appellate court and its determination

1. As to the defendant's argument

A. The defendant asserts that he is not the subject who buried the domestic wastes on the land of this case, but the Republic of Korea continues to be the subject.

However, as determined in the reasoning of the judgment of the first instance cited in the foregoing reasoning, the fact-finding confirmation (Evidence A No. 18-1) prepared by the J which was employed by the local driving personnel belonging to the defendant from around 1981 to 2000, stated that “the transportation and reclamation of household garbage, etc. collected from the Ansan-gun in the Japanese river site in the 1990s, during the 1990s, was made as a cleaning vehicle.”

There is no assertion of circumstances to suspect the material evidence in this confirmation letter and any sufficient proof of such circumstances.

In addition, Article 3 of the Local Autonomy Act enacted on July 4, 1949 prescribed that "the local government shall be a juristic person", and the Local Autonomy Act granted the legal personality of the local government, and Article 2 (1) of the Act on the Provisional Measures for Local Autonomy enacted on September 1, 1961 provides that "Guns" as the type of the local government, and Article 5 provides that "the matters within the authority of the head of Eup/Myeon under the provisions of the Act and subordinate statutes shall be succeeded by the head of Gun or Gun."

Enforcement and enforcement of the Local Autonomy Act, amended by Act No. 4004 of May 1, 198.

arrow