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(영문) 부산고등법원 2019.08.28 2019누21504
주택재개발사업시행인가처분 일부무효
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. In light of the evidence duly adopted and examined by the court of first instance as well as the evidence added in the court of first instance, the fact-finding and judgment by the court of first instance that the road of this case is constructed by the land readjustment project of this case, and that it constitutes the infrastructure owned by the State or local government under the urban management plan under the former National Land Planning and Utilization Act (amended by Act No. 6841 of Dec. 30, 2002; hereinafter “former National Land Planning Act”), and thus, it constitutes the infrastructure for maintenance of the State or local government under the urban land planning and utilization act of this case, and thus, it is sufficiently acceptable to accept the fact-finding and judgment by the court of first instance, which are subject to free transfer under

Therefore, this court's reasoning is consistent with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment of Paragraph (3) as to the argument that is added in the trial of the court of first instance, and this court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. On the fourth part of the judgment of the court of first instance, the following shall be added to the following:

From January 13, 1970, after the completion of the land readjustment project of this case, the above J completed the registration of ownership transfer under its name on the ground of the sale contract of December 24, 1969 with respect to the land J in Busan-gu, Busan-gu around January 13, 1970.

On January 19, 1968, when the land readjustment project in this case was implemented, the ownership transfer registration was completed in the name of AJ around January 19, 1968.Nos. 12, 3 through 10 of the judgment of the first instance.

According to the land division protocol submitted by the defendant and the Busan Metropolitan City Mayor as a reply to the fact inquiry by the court of first instance, the land remaining except the land in Busan-gu among the roads in this case.

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