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(영문) 대구고등법원 2016.07.22 2016누4233
수용재결취소등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. The reasons for the court’s explanation concerning this case are as follows. The argument that the plaintiffs newly or repeatedly stressed in the trial is as stated in the reasoning of the judgment of the first instance, except for adding the judgment as described in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The ruling of objection under paragraph 15 of the 6th judgment of the court of first instance shall be deemed to be "the amount of objection".

In the first instance court's decision No. 10 to 2, "Korea Agricultural and Rural Infrastructure Corporation, the Korea Agricultural and Rural Infrastructure Corporation, and the Western Agricultural and Rural Community Corporation" shall be deemed to be "Korea Agricultural and Rural Infrastructure Corporation and the Western Agricultural and Rural Community Corporation".

Each “K” listed in [Attachment 11] Nos. 11, 40 [Attachment 11] Nos. 6, 24 [Attachment 11, 33] of the judgment of the court of first instance shall be read as “FR”.

2. Additional determination

A. The plaintiffs' assertion 1) The Ordinance on the Relocation of Do Offices in Gyeonggi-do (hereinafter referred to as the "Ordinance of this case")

(i) the Special Act on the Construction and Support of Urban Areas for the Relocation of Do Offices (hereinafter referred to as “Do Offices Relocation Act”).

The public works pursuant to the Ordinance are not identical to each other, since the enactment and implementation time of ordinances or laws, legislative purpose and purpose of legislation, autonomous affairs, whether autonomous affairs are established, details of plans and procedures, approval authority, financing, etc. are different. Thus, the designation and public announcement of the planned area to be relocated to the office of the Gyeonggi-do on June 9, 2008 (Public Notice No. 2008-398, hereinafter referred to as the “public announcement of the planned area of this case”).

Although it cannot be deemed that the project is planned or implemented under the Act on the Relocation of Do Offices, the Defendant Corporation conducted an appraisal and conducted the consultation procedure on the basis of the date of public notice of the designation and public notice of the development district of the new city for the relocation of Do Offices under the Act on the Relocation of Do Offices.

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