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(영문) 서울고등법원 2018.03.20 2017누78751
건축이행강제금부과처분취소
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 cited by the plaintiff at the court of first instance is not significantly different from that of the court of first instance, and even if the evidence submitted at the court of first instance is re-examined, the judgment of the court of first instance that rejected the plaintiff'

Therefore, the reasoning for the court's explanation on this case is as follows: "the defendant" in Part 6 of the second part of the judgment of the court of first instance shall be "public official belonging to the Namyang-si"; "the plaintiff in Part 10" shall be "the Namyang-ju City Mayor"; "this court" in Part 5 of the third part shall be "Yan Government District Court"; "the fourth part" in Part 14 of the fourth part shall be " restricted development zone"; "D" in Part 12 shall be deemed "C"; and "the third part 5 and 6" shall be deemed "the third part 5 and 6" in accordance with Article 8 (2) of the Administrative Litigation Act and Article 419 of the Civil Procedure Act (Ordinance No. 1419 of Jan. 25, 2017) after the disposition of this case shall be deemed as the reasons for the judgment of the court of first instance."

2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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