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(영문) 서울고등법원 2017.10.19 2017누44451
관리처분계획무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The grounds for the plaintiff's assertion in the trial while appealed at the court of first instance are the same as the plaintiff's assertion in the court of first instance, and even if each evidence submitted in the court of first instance and the statement of No. 17 submitted in the court of first instance are examined together with the plaintiff's assertion, the judgment of the court of first instance rejecting the plaintiff's assertion is justified

Therefore, the reasoning for the court's explanation on this case is as follows: "In addition, according to the evidence Nos. 9, 5, and 6 of the judgment of the court of first instance, it is difficult to deem that only the opportunity to apply for parcelling-out to apartment buildings or commercial buildings has been given without excluding the opportunity to apply for parcelling-out for a religious site in itself," and "I do not have any opportunity to apply for parcelling-out to the plaintiff" (as of June 15, 2017, the defendant was adjusting the contents of selling 417.8 square meters of a religious site within the rearrangement zone of this case to the above foundation, the reason for the judgment of the court of first instance is as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act."

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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