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(영문) 서울고등법원 2019.06.04 2018누77601
사업시행계획 등 무효확인
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial dismissal or addition as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Article 30 subparag. 3 and 4 of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, including "resident relocation measures including temporary accommodation facilities" and "resident accommodation and relocation measures for tenants" are imposed on the owner or tenant of a house removed due to the implementation of a housing redevelopment project (Article 30 subparag. 3 and 4). (Article 36(1) of the same Act includes measures to arrange the loan of housing funds to the owner of a house under the jurisdiction of the first instance court, but provisional attachment, provisional disposition, registration, etc. of the house under the jurisdiction of the lower court is not possible if the tenant fails to obtain a loan due to the establishment of a right to collateral security, etc. (Article 30 subparag. 3 and 4).

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