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(영문) 대법원 2015.01.29 2013다204386
소유권보존등기말소등
Text

The judgment below

The part of the defendant Gyeonggi-do trial works shall be reversed, and this part of the case shall be the principal court of Suwon District Court.

Reasons

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

Before the amendment by Act No. 11690 on March 23, 2013 of the former Housing Site Development Promotion Act

(a) The same shall apply;

Article 25(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) concerning the reversion of public facilities following the implementation of the housing site development project.

The provisions of Article 65 apply mutatis mutandis to housing site development business operators, and the provisions of Article 65 shall be deemed to be an administrative agency that received permission for development activities under the National Land Planning Act, and the former National Land Planning Act (amended by Act No. 10599, Apr. 14,

(a) The same shall apply;

(1) Article 65(1) of the same Act provides that “Where a person who has obtained permission for development activities who is an administrative agency installs new public facilities or installs public facilities replacing existing public facilities, the existing public facilities shall gratuitously revert to the person who has obtained such permission for development activities.” This provision applies only to cases where the State or a local government acquires the ownership of land necessary for existing public facilities, and does not apply to cases where the State or a local government has installed public facilities and occupied and used them without lawful acquisition of the land necessary for public facilities (see, e.g., Supreme Court Decisions 2011Da103069, Mar. 15, 2012; 201Du22419, Jun. 27, 2013). According to the reasoning of the lower judgment, Defendant Gyeonggi-do Housing Corporation’s housing site development business (hereinafter “instant project”).

The fact that the project implementer was designated on October 27, 201, the Minister of Land, Transport and Maritime Affairs approved and announced the alteration of the housing site development plan (8th) and the alteration of the implementation plan (7th approval and notification), and the defendant.

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