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(영문) 서울고등법원 2018.01.18 2017누46907
환지예정지지정처분취소의 소
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. From “1. Basic Facts” to “2. Claims and Determinations,” among the grounds for the judgment of this Court partially citing the judgment of the first instance;

A. The summary of the parties' arguments, 1) the gist of the plaintiffs' arguments, 2) the defendant's assertion;

B. In addition to the dismissal or addition of some of the following, the term “related Acts and subordinate statutes” is identical to the corresponding part of the reasoning of the judgment of the first instance (from 6 to 7, and from 16 to 22). As such, the term “right to use and benefit” in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The term “right to use and benefit” in Article 7 of the judgment of the first instance shall be read as “holder of right to use and benefit.” No. 7 of the judgment of the first instance

“The following shall be added:

Therefore, since the plaintiffs do not directly belong to the other party to the disposition of this case and do not have any legal interest with respect to the disposition of this case, the lawsuit of this case filed by the plaintiffs who do not have standing to sue in the revocation lawsuit is unlawful. The following contents are added below the second part of the judgment of the first instance court.

Article 6 (Phased Establishment of Development Plans) (4) The method of calculating the number of consenters under Article 4 (4) of the Act shall be as follows:

1. Where calculating the area of land in an urban development zone: To include the State and public land;

2. Where land ownership is jointly owned by several persons: Only one representative co-owner which has obtained consent from other co-owners shall be deemed the owner of the relevant land;

(b) A sectional owner defined in subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall be deemed one landowner, respectively;

3. Where the number of landowners increases as a sectional ownership defined in subparagraph 1 of Article 2 of the Act on Ownership and Management of Condominium Buildings is divided after the date of public inspection and announcement under Article 11 (2): The number of landowners as before the date of public inspection and announcement;

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