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(영문) 대법원 2017.07.11 2016두35144
토지수용재결취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Validity of authorization for an implementation plan due to defects in the designation of the project implementer;

A. (1) Article 86 of the former National Land Planning and Utilization Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “National Land Planning Act or the Act”) provides that a person, other than an administrative agency, may implement an urban/Gun planning facility project upon designation as the implementer of an urban/Gun planning facility project (paragraph (5)), and the administrative agency shall publicly notify the designation of the implementer of an urban/Gun planning facility project, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(6) Article 14 of the former Enforcement Rule of the National Land Planning and Utilization Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013) provides that a public announcement of the details of designation of an implementor of an urban/Gun planning facility project shall be made by inserting the name, address, etc. of the project implementer in the Official Gazette or the official bulletin of the relevant local government

In light of the structure, contents, etc. of the regulations on the designation of a project implementer, an urban planning facility project under the National Land Planning and Utilization Act grants a specific person the authority to implement an urban planning facility project, and an announcement of the contents of designation of a project implementer is an act of informing many unspecified persons of the contents of

The designation of the project executor and the public announcement thereof are clearly distinguishable, and separate from the fact that the designation of the project executor may be made by means of “public announcement,” the disposition is established or effective only by means of “public announcement.”

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