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(영문) 서울중앙지방법원 2018.05.16 2017나86684
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) the “urban Project Plan” of the first instance judgment of the court of first instance, i.e., the “Urban Project Plan” of the 4th 1st 4th 23th 23th ; and (b) the “Implementation” of the 4th 23th 23th ; (c) the 11th 6th 6th 11th 6th 6th 11th 14th 11th 14th 14th 14th 14th 14th 14th 14th 1st 1st 1st 1st 1st 1st 20

2. The following shall be added to 7 pages 7 of the judgment of the first instance.

The conversion of public works under Article 91(6) of the Public Works Act limits the exercise of repurchase rights only when the public works for which approval of a project under Article 20(1) of the Public Works Act has been granted are changed to other public works with high public interests within a certain scope. Thus, the restriction on the exercise of repurchase rights by conversion of public works may be added to the seven pages of the first instance judgment of the court of first instance, where it can be deemed that at least a new public works project approval has been granted under Article 20(1) of the Public Works Act or a project approval has been granted under the provisions of other Acts deemed to have been granted under the said provisions (see, e.g., Supreme Court Decisions 97Da36835, Nov. 11, 1997; 2010Da30782, Sept. 30, 2010).

(1) Where a project operator intends to expropriate or use land, etc. under Article 19, he/she shall obtain project approval from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Article 91 (Right of Repurchase) (1) Where all or part of the acquired land becomes unnecessary due to the discontinuation or alteration of the relevant project or other reasons within ten years from the date the land has been acquired under an agreement or the date the expropriation has been commenced (hereafter referred to as "acquisition date" in this Article).

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