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(영문) 서울고등법원 2017.01.12 2015누57125

관리처분계획 등 무효확인

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the head of Mapo-gu shall be changed to “the head of Mapo-gu” as the reasons for the judgment of the court of first instance, and all the “head of Mapo-gu” as the head of Mapo-gu shall be added to “the law” under the attached Table 17 of the judgment of the court of first instance, and “the law” (hereinafter “the Public Works Act”) shall be added to “the law” following the attached Table 10 of the judgment of the court of first instance, and the following matters shall be the same as the statement of the reasons for the judgment of the court of first instance except for the part

(1) In addition to the portion to be determined additionally as follows, the grounds alleged by the Plaintiff in the trial while filing an appeal are different depending on the contents as alleged in the first instance trial. However, considering the evidence submitted by the Plaintiff in the trial, it is not different from the fact-finding and judgment of the first instance court. 2. The addition of the Plaintiff’s argument in the trial trial on February 1

A. In light of the fact that interested parties in the project of this case, such as the defendant association and association members, etc., recognize that the project should be completed within the period of project implementation, the status of owners of land, etc. is unstable unless the period of project implementation is determined in the project implementation plan, the period of project implementation has important meaning as the completion date of the application for expropriation decision, the change of the period of project implementation falls under a significant change in the project implementation plan, the project operator can change the period of project implementation in advance before the period of project implementation expires, and the new project implementation plan can be formulated after the lapse of the period of project implementation.

Therefore, the third project implementation plan is amended.