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(영문) 서울고등법원 2017.09.27 2017누42820
도시관리계획(용도지역)변경결정무효확인등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

In the first instance trial on August 18, 2005, the Plaintiff sought confirmation of the invalidity of the portion of 166 large scale 989 square meters which was reverted to a natural green area in the Class-II area among the modified designation following the alteration of the area for the development of housing site in Songpa-gu Seoul, Songpa-gu, Seoul, and the modification of the area for the development of housing site in accordance with the Seoul Special Metropolitan City Notice No. 2005-246 on August 18, 2005. In addition, the Defendant sought revocation of the rejection disposition against the Plaintiff on May 11, 2015, the first instance court accepted the claim for confirmation of invalidation of the reverted portion and dismissed the claim for revocation of the above rejection disposition.

As a result, only the defendant appealed against the lost part, this Court's decision is limited to the claim for confirmation of invalidation, which is the part against the above defendant.

Details of the disposition

The reasoning for this part of this Court is as follows, since the reasoning for this Court is the same as that for the judgment of the first instance as that for the judgment of the court of first instance, Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 3, 17, 4, and 1 of the judgment of the court of first instance shall be applied as follows.

H. The defendant is 2005

8. On May 21, 2005, the ground for change under Article 2005-246 of the Seoul Special Metropolitan City Notice No. 2005-2 of the Housing Site Development Project shall be returned to the original special-purpose area according to the alteration (excluding the alteration) of the planned area of the housing site development project, and the date of change shall be " May 21, 2005", and related Acts and subordinate statutes shall be "Article 42 (4) of the former National Land Planning and Utilization Act (amended by Act No. 7571 of May 31, 2005; hereinafter "former National Land Planning Act") and Article 34 of the Enforcement Decree of the same Act shall be "Article 42 (4) of the same Act and Article 34 of the Enforcement Decree of the same Act."

(hereinafter “instant notice”). The Plaintiff:

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