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(영문) 대법원 2015.04.23 2015두35123
개발부담금부과처분 취소
Text

The appeal shall be dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The final appeal is a claim for revocation or alteration of a judgment disadvantageous to himself/herself, and the final appeal is not allowed as there is no benefit in filing an appeal against the original judgment.

And in principle, whether a trial is disadvantageous to appellant should be judged as the standard of the judgment.

Although the Plaintiff won a claim seeking revocation of the disposition imposing the development charges of this case at the lower court, the Plaintiff filed an appeal against the lower judgment, and presented the grounds for appeal against the Plaintiff’s assertion that the Plaintiff erred in selecting a comparative standard for calculating the development charges among the reasons for the judgment. Such Plaintiff’s appeal is unlawful as it has no benefit of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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