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(영문) 대법원 2009. 11. 26. 선고 2009두14149 판결

대규모 개발사업지역과 관련한 예외적 감면규정 적용대상 농지에 해당하는지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu1053 (Law No. 9.15, 2009)

Case Number of the previous trial

Early High Court Decision 2008Du1244 (Law No. 23, 2008)

Title

Whether it constitutes farmland subject to exceptional reduction or exemption provisions concerning large development project areas;

Summary

Farmland subject to exceptional reduction or exemption related to a large development project area shall be located in the large development project area, at least one million won, and three years have passed since the date of incorporation into the project implementation by phase or delay in compensation by the project implementer, and land reserved for the plaintiff's replotting shall be located in a separate project execution area.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although examining all of the records of this case and the judgment of the court below and the grounds of appeal, it is clear that the appellant’s grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and thus, the appeal is dismissed pursuant to Article 5 of the same Act, and it is so decided as per Disposition by