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(영문) 대법원 2018.07.26 2015다206386
채무부존재확인 등
Text

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the road project operator is required to provide a person subject to relocation measures with a basic living facility as prescribed by Article 2 subparag. 8 of the Housing Act, notwithstanding its length or width, including roads constituting an arterial facility, i.e., roads located outside the relevant housing complex, and roads linking roads of the same kind located outside the relevant housing complex (see Supreme Court Decision 2012Da3303, Sept. 26, 2013). The lower court determined that a road installed within a public project zone by a project operator, which is an essential facility for the achievement of the functions of a housing complex, etc. in the relevant housing complex, etc. and for the passage of all residents, falls under the entire area of the road, and is included in the total area of the road for the construction of a multifunctional administrative city (hereinafter referred to as the “construction project”). For the reasons stated in its reasoning, the lower court determined that the Defendant’s construction of a multifunctional administrative city falls under the basic living facility.

Accordingly, it rejected the Defendant’s assertion that roads installed in urban planning roads or exclusive residential areas with a width of at least eight meters and other special-purpose areas than general residential areas are not included in roads which are basic living facilities.

Examining the aforementioned legal principles and records, the lower court’s aforementioned determination is justifiable.

In doing so, there is no error by misapprehending the legal principles on the scope of basic living facilities.

(2) Among traffic squaress, the intersecting point square among traffic squares is part of roads, which are installed for the purpose of smooth communication of vehicles and pedestrians at the intersection of a congested major road, and thus, Supreme Court Decision 9.7.9

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