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(영문) 서울고등법원 2019.02.14 2018누59481
토지수용재결처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] Part 13 of the judgment of the court of first instance is deemed to be " even though 3th of the judgment of the court of first instance," and where the project is approved pursuant to Article 16 (1) of the former Land Expropriation Act, the purport thereof shall be notified to the business operator, landowner, person concerned, etc."

Part 17 of the judgment of the first instance court, the Enforcement Decree of Part 10 of the 17th judgment shall be advanced as the Enforcement Rule.

Therefore, the judgment of the court of first instance is justifiable, and the appeal by the plaintiff (appointed party) is dismissed as it is without merit.

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