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(영문) 대법원 2018.07.24 2016두48416
수용재결취소등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on the decision to designate the project implementer of this case (ground of appeal No. 1)

A. Article 86(7) of the relevant regulations and legal principles (1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that if a person, other than the State or a local government, a public institution, or any other person prescribed by Presidential Decree (hereinafter “private project operator”) intends to be designated as an implementer of an urban/Gun planning facility project, he/she shall meet the requirements prescribed by Presidential Decree regarding the size of the land subject to the urban/Gun planning facility project (excluding State-owned and public

Article 96(2) of the Enforcement Decree of the National Land Planning Act (hereinafter “Enforcement Decree of the National Land Planning Act”) provides that “The requirements prescribed by Presidential Decree under Article 86(7) of the National Land Planning Act refer to the possession of land equivalent to at least 2/3 of the area of land (excluding State-owned and public land) subject to an urban/Gun planning facility project and obtaining consent from at least a half of the total number of landowners.”

(2) The purport of the National Land Planning Act, except for the case where a private business operator cites the laws and regulations, is to supplement the public nature of an urban planning facility project implemented by a private business operator and to control the unilateral expropriation by a private business operator.

(see, e.g., Supreme Court Decision 2016Du35120, Jul. 11, 2017). In light of such legislative intent, in order for landowners to become effective with respect to the designation of a project implementer, prior to obtaining the consent, the purpose of the consent for the designation of the project implementer, the project implementer designated with the consent, and the project subject to the consent to be implemented with the consent is specified, and the information is against the landowner.

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