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(영문) 부산고등법원 2017.12.08 2017누21951
관리처분계획취소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The fact-finding and decision of the first instance court is justifiable in view of the evidence evidence No. 41 submitted by the plaintiffs in this court, which were duly admitted and investigated by the first instance court, even if the evidence No. 41 submitted by the court, and there is no error as alleged by the plaintiffs as the grounds

The reasoning for the judgment of the court concerning this case is that the reasoning for the judgment of the court of first instance is the same as that of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized or added by the plaintiffs in this court. Thus, it is citing this as it is in accordance with Article 8(2) of the

2. Additional determination

A. The Plaintiffs’ assertion 1) The decision of the former management and disposal plan is null and void by the relevant case. However, even though the former management and disposal plan’s resolution is null and void, it cannot be deemed valid only to notify the applicants for parcelling-out on July 16, 2014, which is the basis and procedural act of the former management and disposal plan’s resolution. (2) Article 46(1) of the Act on Urban Improvement is unconstitutional in violation of the principle of clarity, the principle of prohibition of comprehensive legislation, the principle of legislative reservation, and the principle of legislative reservation. Article 48(1)4 of the Act on Urban Improvement, Article 50 subparag. 1 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), Article 70(1) of the Act on Acquisition of and Compensation for Land, etc. for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), since an appraiser’s violation of equality and proportionality principle, prohibition of delegation of legislation, the principle of clarity, legislative reservation principle, right to self-determination, etc.

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