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(영문) 부산고등법원 2020.01.31 2019누23746
개발부담금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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 as to this case is the same as that of the judgment of the court of first instance, except for the following portions, and thus, it shall be accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In the case of the second part of the judgment of the court of first instance, the statement " corrected" in the 15th part of the judgment of the court of first instance shall be stated as "the notice of correction (hereinafter "the notice of correction of this case")."

Part III through 9 of the judgment of the court of first instance shall be stated as follows.

1) The notice of the scheduled imposition of the instant case, the notice of the disposition prior to the correction of the instant case, and the notice of the correction of the instant case (hereinafter collectively referred to as “the notice of scheduled imposition, etc.”).

(1) Article 14(1) of the Administrative Procedures Act only provides a notice of scheduled imposition of this case to E at a place (E’s restaurant) other than the place of delivery (the Plaintiff’s address, domicile, place of business, and office) under Article 14(1) of the Administrative Procedures Act. Thus, the notice of scheduled imposition of this case is inappropriate. Therefore, the disposition of this case is serious and obvious that the Plaintiff infringed on the Plaintiff’s right to request a review prior to notice under Article 14(3) of the Restitution of Development Gains Act and Article 16 of the Enforcement Decree of the same Act, and the disposition of this case is as follows: (a) the first argument of the first judgment of the court of first instance is determined as to the Plaintiff’s first argument; (b) it is sufficient for the other party to the disposition to know the content of the written disposition; and (c) it is sufficient for the other party to the disposition to provide the other party’s resident registration at his/her domicile; and (d) it is possible for the other party to the disposition to be served at his/her residence or other person’s entrusted with the authority (see, 2.

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