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(영문) 서울고등법원 2016.08.19 2016누34259
환지결정 무효확인청구 등
Text

The plaintiff's appeal and the main claim changed in this court are dismissed.

The costs of lawsuit after appeal are assessed against the plaintiff.

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance (from 2th to 4th 9th eth eth eth eth eth eth eth eth eth eth eth eth eth e

2. Judgment on the main claim modified by this court

A. The Defendant, a project implementer of a land substitution and rearrangement project, is the duty to prepare a land substitution plan pursuant to the Urban Development Act, ② the duty to make the land substitution plan available to landowners, lessees, etc. in accordance with the Urban Development Act, ③ the duty to reflect the opinion of landowners or lessees in the land substitution plan if it is reasonable to present their opinions, ④ the duty to obtain authorization of the final land substitution plan in accordance with the procedures of the above-third above-third above, ④ the Defendant did not have established the land substitution plan through the internal parts, and such defects are succeeded to the defects of the subsequent procedure without healing as significant and apparent

B. According to the overall purport of each statement and pleading evidence Nos. 1-4, 8, 6, 7, and 11, the defendant prepared a replotting plan in which the replotting statement, etc. by lot is recorded for the execution of the project in this case, and made it available to the landowner, etc. for public inspection, and obtained authorization of the replotting plan, and thus, it is recognized that the land substitution plan was designated as the land substitution plan in this case

The Plaintiff is merely submitting the land substitution statement, and the documents stating the remainder of the matters stipulated in Article 29 of the Urban Development Act are not submitted in the instant lawsuit. Therefore, the Defendant should be deemed to have failed to prepare the land substitution plan

However, according to the above evidence, the defendant's land substitution plan as well as the land substitution plan for each right holder, in addition to the land substitution statement.

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