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(영문) 서울고등법원 2017.03.22 2016누50381
농지보전부담금부과처분취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. 52,00 square meters “52,00 square meters” in the second column in the third column in the third column in the part of the table in which the height or addition is made shall be deemed to be “53,893 square meters”; “2,131,134,157 won” in the third column in the third column in the third column in the third line shall be deemed to be “2,244,724,200 won”; “3,247 square meters” in the third column in the third column in the third line shall be deemed to be “1,354 square meters”; “171,562,043 won” in the third column in the third column shall be deemed to be “57,972,00 won”; “706,210 square meters” in the second column in the fourth column in the fourth column shall be deemed to be “704,317 square meters”; “14,639,793 won” in the fourth column in the fourth column shall be deemed to be “1,2404,484,4840,400.”

The "2,131,134,157 won" in the fourth 7th 7th , shall be "2,244,724,200 won", and the "171,562,043 won" in the fourth 8th 8th , shall be "57,972,000 won".

Part 10 of the 4th page 10 [based on recognition] shall add “each entry of evidence A 12 and 15” to the 4th page.

The following shall be added in front of the second sentence “, etc.”:

In full view of the purport of the entire pleadings in each entry in evidence Nos. 12, 15, and 5-4, most of the farmland subject to the instant disposition are the same as the farmland subject to the previous disposition, but the area of which has increased or decreased, and in the previous disposition, it can be known that farmland not included in the school site has been subject to the additional disposition. As such, the instant disposition is not simply an additional disposition on the leased land, but it is highly likely to regard the previous disposition as a new disposition changing the previous disposition as having been conducted.

The following shall be added to the 7th page of the 9th page.

“The Defendant shall additionally pay the Plaintiff farmland preservation charges on February 3, 2015.”

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