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(영문) 서울고등법원 2018.11.29 2018누54707
행정대집행 계고처분취소
Text

1. The judgment of the first instance, including the primary claim added by this court, shall be modified as follows:

(e).

Reasons

1. As to the details of the disposition, the relevant part of the reasoning of the judgment of the first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except where the part of “transfer” in the last two parallels and three parallels and three parallels and three parallels are “transfer and removal.”

2. Summary of the plaintiff's assertion

A. The first appeal against the primary claim must be revoked as follows.

1) Administrative vicarious execution can only be conducted with regard to the duty to act as a substitute. The first disposition is subject to the delivery of land rather than the removal of the obstacles in this case. Since the first disposition is subject to the duty to act as a non-alternative act that cannot be subject to administrative vicarious execution, it is unlawful. 2) The first disposition is unlawful since it was conducted without setting a reasonable period of time.

3) Although the plaintiffs resided in a household building within the obstacles of this case, which is a vinyl, such building constitutes a building, the plaintiffs, the owner of the obstacles of this case, are subject to relocation measures. Therefore, the Seoul Housing and Urban Corporation, the project implementer, is obligated to establish and implement relocation measures or pay resettlement funds to the plaintiffs. Although the Seoul Housing and Urban Corporation did not implement such measures, it is unlawful for the defendant to make the first order. (B) Even if the plaintiffs' assertion on the first order for the second order for the second order is not accepted, the second order for the second order was made on the extension of the first order for the first order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the second order for the revocation of the second order for the second order for the second order

The plaintiffs transfer the obstacles of this case to the Administrative Vicarious Execution Act.

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