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(영문) 부산고등법원 2019.05.31 2018누24131
관리처분계획 무효확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is to be stated in the reasoning of the judgment of the court of first instance, except for adding the judgment identical with that of paragraph (3) to the plaintiffs' allegations of the first instance, and thus, it is to be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The increase in the number of pages 3, 12, and 3 of the judgment of the court of first instance shall be changed to “reduction”.

On the 9th page of the first instance judgment, the following judgments shall be added.

In addition, in a case where an administrative disposition was taken by applying a certain provision of a law to a certain legal relationship or fact, the legal principle that the provision of the law is not applicable to such legal relation or fact clearly stated, and when an administrative agency takes the disposition by applying the above provision even though there is no room for dispute over its interpretation, it shall be deemed that the defect is significant and obvious. However, when there is room for dispute over the interpretation because the legal principle that the provision of the law is not applicable to such legal relation or fact is not clearly revealed, even if an administrative agency erroneously interpreted it and issued an administrative disposition, it cannot be said that the defect merely misleads the fact requiring the disposition (see, e.g., Supreme Court Decisions 2002Da68485, Oct. 15, 2004; 2009Du2825, Sept. 24, 2009; see, e.g., Article 24(3)9-2, (6), and Article 28(1) of the former Urban Improvement Act only requires a resolution of more than 20 percent of members of the quorum.

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