beta
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court's explanation concerning this case is that "the June 29, 2009" of the first instance judgment Nos. 8, 11, 14, 9, 14, and 17 are "the June 29, 200," and the reasoning for the court's explanation is as stated in the part of the first instance judgment, except for the addition of the judgment as to the new argument made by the plaintiff at the trial under Paragraph 2 below, and therefore, it is identical to the part of the first instance judgment's reasoning. Thus, it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion 1) Article 4(1)(a) of the New Convention stipulates that “acquisition and supply of land for business purposes” with respect to Defendant Suwon City’s affairs, but does not restrict the acquisition method by means of a free contract. The new Convention does not premise that it is possible to acquire the previous project site by means of a free contract at Suwon City. Accordingly, the Defendant Suwon-si’s assertion that the new Convention becomes null and void due to an inception. 2) Even if it is premised on the premise that it is possible to acquire the previous project site of this case by means of a free contract, Defendant Suwon-si could amend the Regulations on the Determination, Structure, and Installation Standards of Urban and Gun Planning Facilities (hereinafter “Rules”). In light of the legal principles on the sale of rights by others, it cannot be said that the new agreement at the time of the sale of rights by others cannot be seen as an original impossible acquisition of the previous project site by means of a free contract.
3 Even if Defendant Suwon-si’s original acquisition of the previous project site in the instant case by means of a free contract is deemed to be an essential impossibility, the instant new agreement is not a conclusive invalidation, but a flexible invalidation.
Therefore, the amendment of the instant rule is the Silwon-si.