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(영문) 서울고등법원 2018.08.29 2017누89447
직권해제 대상구역 선정처분에 대한 무효확인등의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance and modification of this case is as follows. The plaintiff's assertion in the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for adding the following judgment to the corresponding part as to the contents of the judgment in the court of first instance. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Part 2 of the judgment of the court of first instance is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") as the "Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents".

Part 3 of the judgment of the court of first instance is "Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (hereinafter referred to as the "Ordinance of this case")" as "Seoul Metropolitan Government Ordinance on the Improvement of Urban and Residential Environments (wholly amended by Seoul Metropolitan Government Ordinance No. 6899, Jul. 19, 2018; hereinafter referred to as the "Ordinance of this case")."

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter referred to as the "Urban Improvement Act") shall be amended on the 5th sentence of the first instance judgment.

The Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter referred to as the "Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") in Chapter 11, 19 of the judgment of the first instance.

Part 12 of the judgment of the first instance court shall not be deemed to be significant. The part " shall not be deemed to be significant."

in this respect shall not be deemed to mean.

In this regard, the plaintiff asserts that the calculation of the project progress rate based on the total number of owners of lands, etc. regardless of participation in resident opinion surveys is to consider the project opposition even if he/she did not participate in the resident opinion survey, which results in distortion of the opinions of owners of lands, etc. in the project

However, the following:

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