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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act, in addition to the modification of the 13th to 17th to 13th 17th 13th son of the judgment of the first instance. Thus, the reasoning of the court’s explanation is as it is, in accordance with
2. Article 5 (Contents of Development Plan) (1) of the former Urban Development Act (wholly amended by Act No. 8970, Mar. 21, 2008; hereinafter “former Urban Development Act”) (1) shall include the following matters in the development plan:
Provided, That matters falling under subparagraphs 13 and 14 may be included in a development plan after the designation of an urban development zone.
1. The name, location and area of an urban development zone; 14. Where any land, building or articles fixed on the land subject to expropriation or use, rights other than ownership, mining rights, fishing rights, and rights to use water (hereinafter referred to as "land, etc.") exist, such details may be implemented by an implementer of an urban development project by the method of expropriation or use of land, etc. or by the method of replotting or the method of mixed use thereof;
Article 21 (Expropriation or Use of Land, etc.) (1) An executor may expropriate or use the land, etc. necessary for an urban development project.
Provided, That an implementer falling under Article 11 (1) 4, 5 through 6-2, and 7 (excluding cases where a person falling under subparagraphs 1 through 3 of the same paragraph has invested in excess of the ratio of 50/100) shall own the land equivalent to not less than 2/3 of the area of the land subject to the project and obtain consent of not less than a half of the total number of landowners.
In such cases, the date of calculating the requirements for consent of landowners shall be based on the date of public announcement of designation of an urban development zone.