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(영문) 서울고등법원 2015.11.17 2015누1467
수용재결처분취소등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the addition of “judgment on the plaintiff’s assertion of the trial” under paragraph (2) below, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Determination as to the plaintiffs' assertion of propriety

A. The plaintiffs' assertion 1) invalid disposition of this case (limited to the plaintiff A), the "G river work implementation plan" publicly announced by the head of the Seoul National Land Management Office on January 21, 2010 by the public notice of the Seoul National Land Management Office was not subject to a preliminary feasibility study under the National Finance Act. The river work implementation plan was not in compliance with the procedures for establishing water control plans under the River Act, not only was in compliance with the long-term comprehensive plan for water resources, but also did not go through the prior environmental impact assessment under the Environmental Impact Assessment Act, and such defect constitutes grounds for invalidation. Therefore, the pertinent decision disposition of this case, which was made based on the invalid river work implementation plan, also constitutes grounds for invalidation. 2) The increase in the compensation compensation amount of this case, the plaintiffs did not interfere with each of the instant claims by the Central Land Management Agency for the compensation amount of this case, even though the compensation amount of this case did not interfere with each of the instant objects.

Therefore, Defendant Republic of Korea should pay reasonable compensation for each obstacle of this case according to the result of appraisal by the court of first instance.

B. The judgment of the first argument is an administrative disposition to be null and void as a matter of course.

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