(영문) 서울고등법원 2019.04.04 2018누51838

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(영문) 서울고등법원 2019.04.04 2018누51838

학교용지부담금부과처분 취소의 소 등

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the entry of this case by the court of first instance concerning this case are as follows, and the plaintiff's assertion added in the trial of the court of first instance are as stated in the judgment of the court of first instance except for the additional determination as set forth in the following 2. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

7. The following shall be added to the table:

"9) On January 28, 2019, the Seoul Southern District Office of Education sent a reply to the request for fact-finding to the Seoul Southern District Office of Education as follows. The Seoul Southern District Office of Education sent a reply to the following contents: (a) the timing of new construction and new opening of the Seoul Southern District Office of Education: (b) the detailed details of the improvement of the educational environment, such as the extension of class in December 2015; (c) the need to improve the educational environment, such as the increase of class in the future by reflecting the trends of the number of students due to nearby development projects in December 2015.

7. The result of the third chapter below the table "," followed: "The results of the fact inquiry conducted on January 28, 2019 for the Seoul Southern District Office of Education of this Court" shall be added.

2. As of the time of the instant disposition, the Plaintiff asserts to the effect that “whether there is no demand for the establishment of a school due to continuous decrease of the school population for the last three years or more” should be determined by the number of students in elementary, middle, and high schools within the jurisdiction of Geumcheon-gu between the three years and 2016 as of the time of the instant disposition, and that the situation such as the establishment of a P elementary school and the extension of a kindergarten as an annex to U elementary school, which has no substantial relation with the instant charges, should not be considered.

Gap evidence No. 5, and this Court.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

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