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(영문) 서울고등법원 2020.10.16 2020누43274
실시계획(변경)인가신청 거부처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

With respect to this case cited in the judgment of the first instance, the reasoning of this court is as stated in the reasoning of the judgment of the first instance, except for partial revision as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The term "project implementation period" in the second 12th of the judgment of the court of first instance shall be "date of commencement and completion of the project".

Each "project implementation period" in Part 2, Part 14, Part 18, and part 19 of the decision of the court of first instance shall be deemed to be the "scheduled date of completion".

Part 3 of the judgment of the first instance court, "No. 4, 5, 10, 25 of the judgment of the second instance" is "No. 4, 5, 10, 19, 25 of the judgment of the second instance."

From 5th to 16th to 5th to 5th to 5th to 5th to 16th to 10th to 16th to

As seen in paragraph (5) below, the validity of the authorization of the instant implementation plan is not naturally extinguished on the ground that the implementation plan expired without obtaining the authorization of the implementation plan within the implementation period specified in the authorization of the instant implementation plan.

B) However, an implementer of an urban planning facility project under Article 86, etc. of the National Land Planning and Utilization Act shall file an application for adjudication on acquisition of land owned by another person or expropriation of land required for an urban planning facility project under a private contract within the project implementation period specified in the authorization of an implementation plan for an urban planning facility project publicly notified at the latest. If such acquisition procedure is not prior to the project implementation period, the authorization of an implementation plan for the urban planning facility project is invalidated (see, e.g., Supreme Court Decision 2003Du9312, Jul. 28, 2005). If the authorization of the instant implementation plan is fully invalidated due to such reason, there is room to deem that there is

However, if part of the land included in the authorization and public notice of the implementation plan is not acquired within the implementation period, the above acquisition procedure is not made.

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