logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.12 2017나2059742
학교시설설치비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The reasons for this part are as follows, given that the reasoning for this Court’s ruling is the same as the corresponding part of the reasoning of the first instance judgment, except for partial dismissal, deletion, or addition as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter referred to as the "School Sites Act") shall be amended to "Act on Special Cases concerning the Securing, etc. of School Sites" in Part 2, 16, and 17 of the judgment of the first instance court.

6. The term "school facilities project expenses" means the expenses (referring to construction expenses, design expenses, supervision expenses, etc., and including the price fluctuations as prescribed in Article 64 of the Enforcement Decree of the Act on Contracts to which the State is a Party) incurred in school facilities projects as referred to in subparagraph 2.

b) referring to "......."

Part III through 24 of the judgment of the first instance shall be deleted.

In the fourth part of the decision of the first instance court, the "new project district" in the second part shall be regarded as "development project district".

The following shall be added between the fourth and fourth of the judgment of the first instance:

Article 6 (Establishment of School Facilities) (2) In principle, the fixed amount of the school budget of the Ministry of Education shall be applied, but where the fixed amount of the school budget is deemed unreasonable compared to the scale of the establishment, the "superintendent of education" and the "LH" shall be determined by separate consultation. <3) The design cost, supervision service cost (including self-supervision) and construction cost of school facilities prepared by the "LH" shall be determined within the total scope of the installation cost of school facilities. 6) The total amount of the installation cost of school facilities shall be included, but the cost of the school facilities shall not be included. 7 The fixtures shall be purchased and inspected from the school selected by the Committee for Selection of School Goods and Equipment, and the purchase price shall be settled by the "superintendent of education" and the "execution of self-sufficiency" in Part 8 of the first instance judgment of the court of first instance

The following shall be added between the fourth decision of the first instance and the eleventh decision:

arrow