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(영문) 부산고등법원 2016.05.25 2015누22882
사업시행계획변경취소 등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is as follows, and the part of the "request for the cancellation of the project implementation plan of this case" and "request for the cancellation of the project implementation plan of this case among the plaintiff's primary claims against the defendant's association" are the same as the reasons of the judgment of the court of first instance, except where part of the judgment is cited as follows or the judgment on the plaintiffs' new arguments is added. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

[The plaintiffs are basically repeating the same arguments in the first instance trial. The court below's decision is justifiable even if the plaintiffs consider the allegations and reasons that have been partially supplemented in the trial, and examine the entries in Gap evidence Nos. 20 through 29 (including the provisional number) newly submitted, considering the allegations and reasons that have been partially supplemented in the trial.] [The part that was modified] [the part that was used] is added to the following "(i)" from the 9th to the 11th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

However, according to Gap evidence Nos. 5 and Eul evidence Nos. 6, the Busan Development Institute, around November 201, analyzed the current status and feasibility of the overall rearrangement project for the areas located in the Busan Housing redevelopment project including the instant rearrangement project zone, and the urban environment rearrangement project zone, and prepared the report of this case "the report of this case on feasibility analysis and revaluation (hereinafter referred to as the "report of feasibility feasibility analysis and revaluation report") which determine the possibility of project implementation in the future. The report of this case judged that the area with a total point of less than 60 points is expected to become a long-term project due to various problems within the zone, and it is necessary to consider the conversion of the business method, change of the district, or the cancellation of the district through residents' voting.

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