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(영문) 서울고등법원 2018.09.11 2018누34222
도시계획시설(도로)사업 실시계획취소청구
Text

1. All appeals filed by the plaintiffs are 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. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, thereby citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added at the bottom of the 9th judgment of the first instance:

[A evidence Nos. 7 and 12, comprehensively taking account of the overall purport of the pleadings, the Defendant may recognize the fact that the alteration procedure of the urban renewal acceleration plan is underway to the effect that the area released from the K urban renewal acceleration district is excluded from the K urban renewal acceleration district in accordance with the Yeongdeungpo-gu public announcement “KK Urban renewal acceleration district alteration designation and the draft modification of the urban renewal acceleration plan” announced on November 2, 2017. However, even according to the above modified determination (draft), 3-3 is determined as an urban planning facility (road) in the K urban renewal acceleration district without any modification, and the small portion Nos. 3 is excluded from the K urban renewal acceleration district and returned to the F district unit planning district. Accordingly, each real estate of this case is still possible to implement the urban planning facility (road) project, which is the disposal district of this case, in the K urban renewal acceleration district

2. In conclusion, the judgment of the first instance is just, and the plaintiffs' appeal is dismissed as it is without merit.

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