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(영문) 서울고등법원 2017.07.25 2017누30971
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 judgment of the court of first instance cited by the defendant at the court of first instance is not different from the allegations in the court of first instance, and even if the evidence submitted at the court of first instance showed each description of the evidence Nos. 19 through 23 (including the serial number) submitted at the court of first instance, the judgment of the court of first instance, which accepted the plaintiffs' claim, is justified.

Therefore, the reasoning for this case is that the court below added the "site area" of No. 2, No. 17 of the judgment of the court of first instance to the "land area," and the "No. 12,944 square meters of Song-dong 11" of No. 4, “No. 81 of the judgment of the court of first instance to the "land area," and the "No. 10,355 square meters of "No. 13 of the same surface," and "No. 6,887 square meters of "No. 6,87 square meters of the same surface," and the "No. 6 of the non-standard land of No. 5 surface 6 of the same surface," "No. 7, No. 21 of the planning management area of No. 8 surface 2, and no. 20 of the judgment of the court of first instance to the "No. 3rd of the same surface," and there were no data to analyze or apply the price adjustment of each land in the comparison process.

2. If so, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit.

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