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(영문) 서울고등법원 2018.02.22 2017누77055
관리처분계획무효확인
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The Defendant on May 4, 2017, Seoul Special Metropolitan City.

Reasons

The reasoning of this court, such as the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance (excluding the part of “3. conclusion”) except for the modification as set forth in the following paragraph (2). Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act

The amended part 3 3 Myeon 3 and 4 "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents" shall be deemed "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14857, Aug. 9, 2017; hereinafter "Gu Act on the Maintenance and Improvement of Urban Areas")."

The 3rd parallel "Enforcement Decree of the same Act" shall be deemed to be "Enforcement Decree of the same Act (amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter the same shall apply)".

The "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Act on the Maintenance and Improvement of Urban Areas")" in the 3th 10th Myeon shall be raised as the "Gu Act on

The 5th parallel 2 to 10th parallels are as follows:

3) According to the purport of subparagraph 1-2 of the evidence No. 1-2 and the purport of the entire pleadings, the Defendant first determined and publicly announced the period from July 7, 2014 to September 4, 2014 as the period for application for parcelling-out, and on September 5, 2014, the Defendant issued an additional public announcement of the said period for application for parcelling-out to extend the period for filing an application for parcelling-out to September 24, 2014. Meanwhile, there is no dispute between the parties who notified that the period for filing an application for parcelling-out has been extended to the members, including the Plaintiff. Article 46(1) of the former Act (hereinafter “instant provision”).

The first sentence provides that the project implementer shall notify the owners of land, etc. of the outlined charges, the period for application for parcelling-out, and other matters as prescribed by the Presidential Decree, and the proviso provides that the project implementer may extend the period for application for parcelling-out within the extent of 20 days in cases where the project implementer deems that there is no difficulty in formulating a management and disposal plan under Article 4

In the first instance judgment cited by this Court, the legal doctrine and the text of the relevant statutes are as follows.

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