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(영문) 서울고등법원 2019.02.19 2018누58969

사업시행계획무효확인등

Text

1. The plaintiffs' appeals against the defendants are dismissed.

2. The plaintiffs added at the trial.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the plaintiffs added "a judgment as to a claim added to 2.2" with respect to the claims added in the trial of the court of first instance, and each "this court" in the 6th and 15th of the judgment of the court of first instance is "Seoul Administrative Court", and the "this court" in the 7th and 8th of the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, and therefore, they are cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to additional claims

A. The plaintiffs asserted that ① the project implementation change plan of this case was unlawful due to the omission of matters concerning the conditions of this case, and thus, it is invalid. ② The project implementation change plan of this case was replaced by the project implementation plan of this case, and ② even if the project implementation change of this case was changed, it must undergo all procedures as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to grant the approval. The defendant asserted that the project implementation plan of this case was invalid because it did not go through the procedure.

B. We examine the judgment, ① even if the requirements of this case are not included, the project implementation plan of this case cannot be deemed unlawful. Thus, the aforementioned argument of the prior plaintiffs on different premise is without merit. [Plaintiffs may assert that this case is attached to the project implementation plan of this case or the project implementation modification plan of this case (the project implementation plan is based on the premise of designation of the improvement zone and can be included in the project implementation plan only in the project implementation plan of infrastructure such as roads in the improvement zone, etc., but its validity cannot be acknowledged as being related to infrastructure outside the improvement zone.