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(영문) 서울고등법원 2017.10.31 2016나2084673
집단환지신청무효확인등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court concerning this part of the basic facts is as stated in the corresponding part of the judgment of the first instance, except for the addition of “the number is omitted” following the 7th "including each number” in the judgment of the first instance, 7th "including each number,” except where it is necessary to specify "the number is omitted."

2. Determination on the defense prior to the merits

A. The gist of the Defendant’s defense prior to the merits is that the Defendant is an administrative body under public law as an urban development project association under the Urban Development Act, and the lawsuit disputing the validity, etc. of a collective land substitution application against the Defendant, who is an urban development project association, is related to legal relations under public law, which directly affects the illegality of administrative disposition according to the outcome of the lawsuit, due to the existence or validity of procedural requirements leading to the preparation of the urban development project association’s land substitution plan, the designation of land substitution plan, or the disposition of land substitution pursuant to the land substitution plan, or the disposition of land substitution. The lawsuit pertaining to such legal relations under public law falls under the substantive party litigation under Article 3 subparag. 2 of the Administrative Litigation Act. Therefore, the lawsuit of this case is exclusively related to the administrative court having jurisdiction over the Defendant’s location, and it is obvious that the lawsuit of this case is dismissed as it is unlawful after the transfer. 2) The summary of the defense that there is no interest in the lawsuit is no interest in the lawsuit, and thus, the Defendant does not affect the Plaintiff’s above legal status of the collective land substitution application.

Designation of reserved land or disposition of replotting.

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