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(영문) 광주고등법원 2019.04.18 2018누5566
실시계획인가처분무효확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff, the defendant, and the defendant's intervenor.

Reasons

1. The court's explanation of this case is consistent with the reasoning of the judgment of the first instance, except for the case where the plaintiff and the supplementary intervenor of the first instance make new or new arguments in this court as follows. Thus, the court's explanation of this case is consistent with the ground of the judgment of the first instance. Thus, it is consistent with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The "Implementation Plan" in Part 3 shall be changed to "Implementation Plan" (hereinafter referred to as "previous Implementation Plan").

The 4th line "2014Nu6233, 2014Nu6066" is referred to as "2014Nu6233 and 2014Nu6066," "previous Gwangju High Court Decision" (hereinafter referred to as "previous Gwangju High Court Decision").

The first seven main judgment "2016Du35144, 2016Du35120, hereinafter referred to as "previous Judgment") shall be construed as "2016Du35144 and 2016Du35120, hereinafter referred to as "previous Supreme Court Decision")", and the fifth page "previous Decision" shall be construed as "previous Supreme Court Decision."

Under the 5th page, the "Implementation Plan" shall be deemed to be the "Implementation Plan for the G Development Project" (hereinafter referred to as the "Implementation Plan of this case").

6 to 7 pages 20 are as follows: “The installation of part of the facility is to be done by a person to that person.”

The following shall be added to 6 lines below the 32st:

(2) Article 139 (Delegation and Entrustment of Authority) (2) The authority of a Mayor/Do Governor under this Act may be delegated to the head of a Si/Gun/Gu, as prescribed by municipal ordinance of a City/Do. In such cases, the Mayor/Do Governor shall report the fact of delegation to the Minister of Land, Infrastructure and Transport. In such cases, the following nine parts shall be added below

(1) Where the Minister of Land, Infrastructure and Transport gives public notice under Article 90 (1) of the Act, such as perusal of documents, he/she shall do so in the Official Gazette or daily newspapers distributed nationwide.

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