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(영문) 부산고등법원 2019.11.27 2019누22125

도시계획시설(도로)폐지 고시결정 처분취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. We affirm the fact-finding and judgment of the court of first instance that the notice of this case is legitimate, in light of the evidence duly admitted and examined by the court of first instance and the court of appeal, and a thorough examination of the same, and the evidence duly admitted and examined by the court of first instance and the court of appeal.

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance, except for the partial dismissal or partial addition of the reasoning of the judgment of the court of first instance as stated in paragraph (2). Thus, this court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420

2. Part 2 of the judgment of the court of first instance, which is to be used or added, shall be subject to the 5th page "Seoul Metropolitan City" to the 2nd page "Seoul Metropolitan City".

Part 8 of the judgment of the court of first instance shall be followed as follows.

On October 30, 2017, the plaintiffs completed the registration of ownership transfer in their names with respect to each one-half share of the land in this case on October 30, 2017.

In order to make it available for the general public to peruse, and publicly announce it in the Busan City City newsletter, the Young-gu website, and the P press and the P press. The above public notice is to be repealed by the lawsuit of this case. The second part of the judgment of the first instance of "(which is the ground for recognition)" in the 15th part of the judgment of the first instance of "No. 8 and 11."

The 5th written judgment of the first instance shall consist of the 12th to 15th as follows.

According to the evidence evidence No. 30, the following is added between the first instance judgment of the first instance court and the second instance judgment, and the second instance judgment of the court below, on January 23, 2018, the first instance urban planning committee’s plan on the holding of the first instance urban planning committee was reported to the defendant around January 23, 2018 for deliberation on the agenda, such as the determination (revision or abolition) of the long-term unexecution urban management planning facilities, and the facts stated in Article 48-2 of the Act are acknowledged.

Furthermore, the above planning report will be held by the Urban Committee, such as the statement.