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(영문) 서울고등법원 2018.05.10 2018누31964
개발부담금부과처분취소
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 of first instance’s explanation concerning the instant case is as follows. The Defendant’s argument at the court of first instance is as stated in the reasoning of the judgment, except for additional determination under paragraph (2) below, and thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(Other, the grounds alleged by the Defendant in the appeal do not differ significantly from the contents alleged by the Defendant in the first instance court, and even if all the evidence submitted in the first instance court is examined, it is justifiable to find facts in the first instance court and make a judgment). If the second sentence of the first instance judgment, the “Enforcement Decree of the same Act” in the first sentence shall be amended to “Enforcement Decree of the same Act (amended by Presidential Decree No. 28213, Jul. 26, 2017; hereinafter the same shall apply).”

In the third chapter of the judgment of the court of first instance, "(hereinafter referred to as "the disposition in this case") was added to "the second" under the first table.

The "amount of imposition (cost)" in the second attached Table 1 shall be amended to "amount of calculation" in the third attached Table of the judgment of the first instance.

According to the second list of the judgment of the first instance, the former Restitution of Development Gains Act (amended by Act No. 13783, Jan. 19, 2016; hereinafter “former Restitution of Development Gains Act”) shall be amended to “the Restitution of Development Gains Act (hereinafter “former Restitution of Development Gains Act”)”, and each “former Restitution of Development Gains” generated thereafter shall be amended to “the Restitution of Development Gains Act.”

Article 2 (1) 1 of the Act shall be amended to "Article 2 (1) and (4)" on the 4th page of the first instance judgment.

In the fourth part of the judgment of the first instance, the "instant development act" in the 16 and 17th part of the judgment of the first instance shall be amended to "the instant project".

Part 7 of the first instance judgment is amended by the former Restitution of Development Gains Act (amended by Act No. 13783, Jan. 19, 2016) to the "Recovery of Development Gains Act".

2. Additional determination

A. The defendant.

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