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(영문) 부산고등법원 2017.11.29 2017나54534
체비지소유명의변경절차이행
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall block the plaintiff 43's land allotted by the authorities in recompense for development outlay-gu, Ulsan-gu.

Reasons

1. cite the corresponding part of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act of basic facts;

2. Even if a general urban development business entity, which has established the obligation to change the name of land allotted by the authorities in recompense for development outlay, enters into an individual agreement to require the implementer of an urban development project to fully or partially bear the costs of installing gas supply facilities and to bear them, such agreement is null and void as it violates Articles 54 and 55 of the Urban

In such cases, a gas supplier, who is a general urban gas business entity, may require a person who requests the supply of urban gas pursuant to Article 19-2 of the Urban Gas Business Act to fully or partially cover costs of gas supply facilities, including gas arterial facilities, but the standards and procedures for calculating and paying such charges shall not be shared by entering into an individual agreement with the implementer of an urban development project, etc. (see, e.g., Supreme Court Decisions 2012Da1950, 19567, Jun. 28, 2012; 2013Da25927, 25934, Jan. 29, 2014; 2013Da215690, Jun. 24, 2015; 2013Da215690, Jun. 24, 2015). In light of the aforementioned legal principles, the Defendant, who is a general urban gas business entity, is not obligated to implement the instant urban development project under the name of the Plaintiff.

3. Thus, the plaintiff's claim of this case is justified.

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