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(영문) 서울고등법원 2014.12.17 2014누51717
분담금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the judgment of the court of first instance cited in the judgment is as follows: (a) the judgment of the court of first instance is dismissed as follows; and (b) the judgment of the defendant and the judgment of the plaintiff's assertion are added to the judgment of the court of first instance; and therefore, (c) the reasoning of the judgment of the court of first instance is identical to that of the court of first instance.

The head of the Si/Gun/Gu shall turn "the head of the Gu" into "the head of the Gu" in the second place inside the 4th table.

5. The phrase “when considering the circumstances,” written in the first reduction shall be deleted.

The term "the same Act" in the fifth 18,19th shall be construed as "the Urban Improvement Act (amended by Act No. 12116, Dec. 24, 2013)".

9. The removal shall be from the second to the tenth.

The 10th 8 and 9th , "it is necessary to calculate the income accrued in the course of implementing the rearrangement project in order to impose the charges," is to read "the income accrued in the course of implementing the rearrangement project, even if the obligation to bear the rearrangement project is to be imposed, shall be considered."

Attached Form

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013) shall be amended as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" and the following provisions shall be added to the same part.

Article 18 (Legal Personality, etc. of Partnership) (1) With respect to a partnership under Article 27 (Application Mutatis Mutandis of the Civil Act), the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis, except as otherwise provided for in this Act. The act of the Plaintiff, who is an administrative body authorized to implement a rearrangement project under the Act on the Maintenance and Improvement of Urban Areas by the Defendant’s Claim for Determination of this Safety Defense, imposes the rearrangement project cost on a person subject to cash liquidation, constitutes an administrative disposition, and thus,

Judgment

The housing redevelopment project association, such as the plaintiff, is under the supervision of the competent administrative agency.

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