토지보상금증액
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. Article 5(1)14 of the former Urban Development Act (wholly amended by Act No. 8970, Mar. 21, 2008; hereinafter the same) provides for the purport that, at the time of designation of an urban development zone or even thereafter, a development plan may include and publicly notify “where there are rights to land, buildings or fixtures on the land subject to expropriation or use, other rights than ownership, mining rights, fishing rights, and water use, such details may be included and publicly notified.”
In addition, Article 22(1) through (3) of the Urban Development Act provides that the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall apply mutatis mutandis to the implementer of an urban development project to expropriate or use the land, etc.; however, Article 5(1)14 of the Urban Development Act provides that when the implementer of an urban development project publicly notifies the “detailed list of land subject to expropriation or use” under Article 20(1) and Article 22 of the Land Compensation Act, the approval of the project and the public notification
(hereinafter referred to as “project approval clause”) In addition, Article 7 of the Addenda of the Urban Development Act (amended by March 21, 2008) provides that acts of administrative agencies or acts of administrative agencies pursuant to the previous provisions at the time this Act enters into force shall be deemed acts of administrative agencies or acts of administrative agencies pursuant to this Act.
Meanwhile, Article 66 (1) and (5) of the Urban Development Act provides that where a local public corporation, etc. established under the Local Public Enterprises Act has installed new public facilities or public facilities replacing the existing public facilities as an implementer, the previous public facilities shall gratuitously revert to the implementer, and the new public facilities shall gratuitously revert to an administrative agency in charge of managing them (hereinafter “management agency”), and after completion inspection on the completion of an urban development project, the management agency shall complete the construction inspection on the completion