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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding ground of appeal No. 1
A. Article 86(7) of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter “National Land Planning Act”) provides that a person who does not fall under the State or a local government, etc. intends to be designated as an implementer of an urban planning facility project shall meet the requirements prescribed by Presidential Decree concerning the size of the land (excluding State and public land) subject to an urban planning facility project and the ratio of the landowner’s consent. Article 96(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) provides that the person shall own the land equivalent to at least 2/3 of the size of the land subject to an urban planning facility project and the consent of at least 1/2 of the total number of landowners shall be required.
The judgment below
According to the reasoning, the lower court determined that, in light of the current state of land ownership subject to the instant project, the Defendant could not be deemed to have satisfied the requirements for ownership under the said provision at the time when the Defendant grants the Plaintiff an urban planning facility project implementer designation and an
In light of relevant regulations and records, the above determination by the court below is acceptable, and there is no error of law by misapprehending the legal principles as to ownership requirements necessary for the designation of an implementor of an urban planning facility project.
(b)Paragraph 7 of Article 86 of the National Land Planning and Utilization Act and paragraph 2 of Article 96 of its Enforcement Decree are land to be designated as an executor of an urban planning facility project.