logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.06 2018누39777
항만시설무상사용권확인의 소
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 court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the dismissal or addition of the text of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

According to the fifth sentence of the first instance judgment, the following is added (referring to confirming whether construction works are executed in accordance with design documents and other relevant documents and relevant Acts and subordinate statutes), and the following is added (in addition, the former or total project cost is calculated based on the date of confirmation of completion, and the total project cost can not be determined at the time of actual completion, so the specific scope of the right to use harbor facilities can not be determined. Accordingly, the final inspection, supplementation, and various administrative affairs can not be immediately possible at the date of actual completion, notwithstanding the fact that the free use of harbor facilities can not be determined at the date of actual completion, the following is added to the first sentence of the first instance judgment of the first instance judgment of the first instance. Accordingly, the following is added to the “right naturally recognized within the scope of total project cost” under the fourth sentence of the first instance judgment of the first instance judgment of the first instance. Accordingly, the management authority should comply with the decision of the management authority regarding the compensation for investment, etc. while implementing harbor works, and the management authority calculated the total project cost under the condition accepted by the management authority.

Even if the non-management authority’s acceptance is to comply with the determination of the total project cost reasonably calculated under the relevant statutes, it cannot be deemed that the management authority would waive in advance the corresponding right of free use even if it calculates the total project cost below the reasonable total project cost.

On the 13th page of the first instance judgment, the following contents shall be added.

arrow