The effect of the public notification of land tax items in the public notification of approval of urban planning projects.

In the absence of the public notice of land tax items at the time of reporting the approval of the project under Article 24 (3) of the Urban Planning Act, the public notice of the

Article 24 of the Urban Planning Act, Article 25 of Enforcement Decree of the Urban Planning Act, Article 11 of Enforcement Rule of the Urban Planning Act

Jinju C. P. S. T. T. P. and one other

The Central Land Expropriation Committee

1. The decision that the defendant made against the plaintiffs on May 29, 1986 against the expropriation ruling on the land and standing timber stated in the attached list shall be revoked.

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. No. 1, 2-1, 2-1, 1-1, 2-2, and 2-2-2 of the above ruling of the court below without dispute. The above ruling of the court below is dismissed as 5-1, 2-2, 3-1, 5-2 (each of the above ruling of the court below's 6-2). The court below's ruling of the court below's 9-1, 7-2, 9-1, 2-1, 5-1, 7-2, 9-2, 9-1, 7-2, 9-2, 9-1, 6-1, 6-1, 6-2, 6-1, 6-1, 6-2, 6-1, 6-1, 6-1, 6-2, 6-2, 6-2, 7, 9-2, and 9-2, 6-1, 6-2, 7, and 9-2,

2. The defendant's assertion that the above ruling was justifiable, and the plaintiffs (1) determined the urban planning of this case by the Minister of Construction and Transportation No. 147 on April 22, 1982, and announced it by the Ministry of Construction and Transportation No. 89,769,081 on the land surface 89, and there is no validity of the above public announcement because the location and area are indicated as 53,00 square meters on the land surface 89,000,000,000,0000,0000 were no more than 16,000,0000,0000,0000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000) were no more than 16,00.

3. First, we examine the Plaintiff’s assertion of the foregoing paragraphs (1) (c) and (d).

Pursuant to Article 24 (1) of the Urban Planning Act, in case where a person other than an administrative agency executes an urban planning project with the permission of the head of Si/Gun, it is considered that the public notice of Article 16 of the Land Expropriation Act should be given in addition to the public notice of Article 24 (3) of the same Act. In the case of an urban planning project under the Land Expropriation Act, the executor of the urban planning project may expropriate or use the land, etc. necessary for the urban planning project within the urban planning zone, and under Article 30 (1) of the same Act, the Land Expropriation Act shall apply mutatis mutandis to the expropriation or use under Article 29 of the same Act except as otherwise provided in the Act. However, under Article 30 (2) of the Land Expropriation Act, a public notice of the permission under Article 16 of the Land Expropriation Act shall be given separately to the head of Si/Gun prior to the implementation of the project under Article 16 of the same Act.

다음 도시계획법 제24조 제3항 의 고시내용에 토지의 세목이 포함되어야 하는가와 만약 그 고시내용에 그것이 포함되어야 한다면 푀함되지 않았을 경우 그 고시의 효과에 어떤 영향을 미칠 것인가에 관하여 본다. 같은 법조에는 시장 또는 군수는 제1항 의 허가를 한 때에는 건설부령이 정하는 바에 의하여 그 허가내용을 고시하여야 한다고 규정하고, 같은법시행규칙 제11조 에 의하면 시장, 군수는 법 제25조 제3항 의 규정에 의하여 영 제25조 제1항 각호 사항을 관보 또는 공보에 고시하여야 한다고 되어 있으며, 같은 시행령 제25조 제1항 은 그 각호로 1. 사업시행지 2. 사업의 종류 및 명칭 3. 사업시행자의 성명 및 주소 4. 토지 또는 건물의 소유자와 토지수용법 제4조 제3항 의 관계인의 성명, 주소 5. 사업의 착수 및 준공예정년월일을 들고 있어서 과연 같은 법 제24조 제3항 의 고시에 토지세목이 포함되어야 하는지 분명하지 않다.

However, project approval is an administrative act that acknowledges that a specific project falls under a public project project that can be commonly expropriated and grants a right to expropriate a certain property on condition that it will go through a certain procedure thereafter, and its effect takes effect from the date of the public announcement by notifying and notifying it (Article 16 of the Land Expropriation Act). The effect of the project approval that has completed the public announcement is to determine the scope of the object to be expropriated and to draw the objective of the expropriation, and to create the rights and obligations under certain public law in order to ensure that the object to be expropriated is fulfilled, and it is specific that the law of the object to be expropriated becomes final and conclusive in the public announcement of the project approval is the effect of the public announcement of retired tax items. Accordingly, the land tax item is its main contents in the public announcement of the project approval, and the public announcement of the project approval without the public announcement of the land tax item is deemed to be null and void

In this regard, it is necessary to include land tax items as a matter of course in the notification of the permission for the project implementation of urban land by a non-administrative agency.

However, it is recognized as above that the notice of this case No. 157 was omitted, and therefore, the above notice is deemed as null and void on the ground of apparent and serious defects in the notice, which contains no main contents. Moreover, as the notice of land tax was known to the effect that the notice of this case was omitted, it cannot be deemed that the notice of No. 157 is converted into a valid notice by completing the notice of the party title with the additional notice of land tax item only, as long as the notice of No. 157 is null and void on the ground that the notice of No. 157 was immediately null and void, and it is difficult to view that the notice of No. 35 as a new notice of new validity is a separate one.

Ultimately, in this case, the permission for the implementation of the urban planning project for the non-party school juristic person is not effective, and the decision of this case was made based on the prior disposition which is void automatically, so the decision of this case should be revoked illegally without examining other points.

4. If so, the plaintiff's claim of this case is reasonable, and this is accepted and the costs of lawsuit are assessed against the defendant who has lost. It is so decided as per Disposition.

[Attachment Omission]

Judges Lee Jong-sik (Presiding Judge)