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(영문) 서울고등법원 2013.06.27 2012누16710
사업시행인가무효확인
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

1. The reasoning of the court's explanation concerning this case is as follows. This case is to be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for adding or adding part of the reasoning of the court of first instance to the reasoning of the court of first instance as set forth in paragraph (2) of the same Article.

2. A portion used for adding or cutting;

A. Part 11 of the Second Part of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall be applied to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter “Urban Improvement Act”).

(b)Article 28(1)1(c) of the Enforcement Decree of the Urban Improvement Act providing that “If one person owns a lot of land or a large number of buildings, it shall be calculated as one person regardless of the number of the lots or buildings, pursuant to the main sentence of Article 28(1)1(c).”

(c) in accordance with paragraph 12 of the seventh part, the term “self-regulation” shall be applied to “self-government”;

Now the annual lot number is the first contract date (the date of contract prohibition), the date of the management and disposal trust (the date of trust) of the previous ownership ownership (the date of trust) and the date of the security trust (the trust company) as the date of the registration of ownership transfer to the intervenor after the remainder payment (the trust company) on September 29, 2006 (the trust company) and the JN on September 28, 2006, May 18, 2010, K L L L 31 PP Q Q Q 31 on May 18, 2006, September 29, 2006.

Of the 11 pages, the parts Nos. 25 and 31 in a year shall be dried as follows:

E. Part 2 of the Second Part of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268 of April 15, 2010) was added to "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents".

3. Additional determination

A. (1) The Plaintiff’s assertion (1) Article 28(7) of the Urban Improvement Act requires the consent of the owners of land, etc. regarding the project implementation plan. The date of preparing written consent attached at the time of the instant application for authorization is mostly around December 18, 2009.

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